LIBRARY 

OF  THIC 

University  of  California. 

GIK^T  OK 

\) 

Class 


University  of  the  State  of  New  York 


ORIGIN,  HISTORY  AND  PRESENT  ORGANIZATION 


SIDNEY  SHERWOOD,  PH.D. 

Associate  in  Political  Economy,  Johns  Hopkins  University 


Accepted  by  the  Johns  Hopkins  University  as  a  Thesis  for  the 
Degree  of  Doctor  of  Philosophy,  June,   1891 


Printed  as  Regents'  Bulletin  No.  ii,  of  the  University  of  the 

State  of  New  York,  January,  1893 

Albany,  New  York 


University  of  tlie  State  of  New  York 

ORIGIN,  HISTORY   AND  PRESBNT  ORGANIZATION 


SIDNEY  SHERWOOD,  PH.D. 

Associate  m  Political  Ecorwmy,  Johns  Hopkins  University 


Accepted  by  the  Johns   Hopkins  University  as  a  Thesis  for  the 
Degree  of  Doctor  of  Philosophy,  Junk,    1891 


Frintku  as  Regents'   Bulletin  No.  ii,  of  the  University  of  the 

State  of  New   York,  January,   1893 

Albany,  New   York 


CONTENTS 


PAGH 

Introduction 201 

New  York  a  leader  in  innovation 201 

Plan  and  scope  of  the  work 202 

1.  Outline  of  the  present  system  of  edu- 

cation in  New  York 204 

Private  schools 204 

State  educational  systems 204 

Department  of  public  instruction  or  com- 
mon school  system 204 

School  districts 204 

Union  free  school  districts 205 

School  commissioners 205 

City  public  schools    205 

State   superintendent    of    public    in- 
struction     205 

Chief  executive   powers    of   the 

state  superintendent 206 

Uniform  examinations    206 

Teachers' institutes 206 

Academic  teachers'  classes 207 

Normal  schools 207 

Judicial     powers     of    the     state 

superintendent 208 

The  superintendent  of  public  in- 
struction and  the  University..   209 
University  of  the   State   of  New    York, 

or  the  system  of  higher  education.  210 

University  act  of  1889 210 

"The  University  in  form  a  private  cor- 
poration     210 

The  University  in  fact  a  state  bureau 

of  higher  education 212 

State  control  of  the  University 213 

Summary.     State  educational  policy ... .   214 

2.  The  founding  of  the  University 215 

Higher  education  in  colonial  times 215 

King's  college 217 

New  York  at  the  close  of  the  revo- 
lution      218 

Legislation  of  1784 219 

Act  of -May  I,  1784 223 

Amendatory  act  of  Nov.  26,  1784 225 

Legislation,  a  compromise    of   par- 
ties      ' 227 

Legislation  of  1787   228 

Predominance  of  Columbia  college . .  228 


PAGE 

2.  The  founding  of  the  University— contin. 

Legislation  of  1787 : 

Opposition    to   the    Columbia   mon- 
opoly    230 

Struggle  over  the  new  law 232 

Attempt  of  Columbia  to  reorganize 

the  University ■ 233 

Popular  attempt  at  reorganization  ...  336 
L'Hommedieu's  bill  and  Hamilton's 

bill  not  the  same 240 

Consolidation  and  compromise '  245 

Act  of  April  13,  1787 248 

Hamilton  or  L'Hommedieu? 253 

3.  An  era  of  educational  revolution 254 

University   of   the   State   of  New   York 

a  revolution 254 

The  revolutionary  idea  not  English 255 

Contrast  between  the  University  and  the 

English  universities 25S 

The  revolutionary  idea  in  New  York  be- 
fore 1784 •  ■  257 

An    era    of    educational     revolution     in 

America  1776-89 261 

Georgia 261 

North  Carolina 261 

Pennsylvania 262 

Massachusetts    262 

Virginia 262 

Political  revolution  and  educational  revo- 
lution     263 

The  educational  revolution  in  Europe...   264 
France   the    nursery   of  the   educational 

revolution 265 

Debt  of  New  York  to  France 269 

The  American  state  university 272 

4.  Century  of  university  work 273 

University  extension 275 

The  University's  opportunity 279 

A  school  for  graduate  work •  279 

An  academy  for  the  training  of  civil 

officers : 281 

General  education  in  economics  and 

politics 283 

Bibliography 2°° 

Appendix:     Text  of  University  law  of  1892.  288 


University  of  the  State  of  New  York 


Regents'  Bulletin 


No.  II        January  1893 


UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 

ORIGIN,   HISTORY  AND  PRESENT  ORGANIZATION 

By  Sidney  Sherwood,  Ph.  D. 

Asssociate  in  Political  Econom)',  Johns  Hopkins  University 


INTRODUCTION 


The  system  of  higher  education  in  New  York  is  one  of  great  interest 
to  the  students  of  state  educational  institutions.  It  has  the  interest  of 
age  and  of  historic  incident,  for  it  is  closely  connected  with  the  whole 
development  of  the  state.  The  distinguished  men  who  aided  in  found- 
ing it,  and  their  distinguished  successors  in  its  control,  give  to  its  his- 
tory that  interest  which  springs  from  association  with  conspicuous 
personality.  But  it  is  the  greatness  of  the  work  achieved  by  this 
system  in  the  development  of  the  educational  life  of  the  state  which 
chiefly  entitles  it  to  be  studied.  And  yet  the  boundaries  of  the  com- 
monwealth do  not  bound  the  historic  or  the  practical  importance  of  the 
university.  The  American  colonies  were  profoundly  influenced  during 
the  latter  half  of  the  i8th  century  by  the  new  educational  ideas 
with  which  revolutionary  France  conquered  the  19th  century.  The 
New  York  system  shows  abundant  traces  of  this  influence  and  itself 
has  become  a  source  of  an  influence  which  has  spread  to  the  Pacific 
on  the  one  hand  and  back  to  Europe  on  the  other. 

New  York  a  leader  in  innovation.  New  York  has  always  been 
a  leader  among  the  states  in  the  practical  methods  and  organization  of 

ABBREVIATIONS 

New  York  (state)  —  University.     Regents'  report.      Reg.  rep't  [followed  by  no.  of  rep't  and  year 

incurves;  e.  g.  Reg.  rep't,  103(1889)]. 
New   York  (state)  —  University.     Proceedings   of     Conv.  proc. 

the  University  convocation. 
New   York  (state)  —  University.      Historical   and     Hist,  record. 

statistical  record,  by  F.  B.  Hough. 
New   York  (slate)  —  Public  instruction,  Sup't  of.     Sup't's  rep't  [followed  by  no.  of  rep't  and 

Annual  reports.  year  in  curves]. 

New  York  legislative  papers.  N.  Y.  leg.  papers. 


202  UNIVERSITY   OF   THE   STATE   OF   NEW   YORK 

progressive  change,  whether  in  politics,  in  finance,  in  commerce,  in  law 
or  in  education.  The  commercial  adroitness  and  activity  of  the  city 
were  strongly  marked  even  under  the  Dutch  regime.  The  plan  for 
securing  paper  money  issues  by  national  banks  was  carried  to  Washing- 
ton by  Secretary  Chase,  from  New  York,  where  it  had  been  in  operation 
for  a  quarter  of  a  century.  Nearly  every  movement  toward  the  organ- 
ization of  a  new  political  party  in  the  United  States  has  had  its  source 
and  center  in  New  York.  From  Aaron  Burr  to  the  present  time,  New 
York  has  been  the  pivot  around  which  revolved  the  political  destiny  of 
aspirants  to  high  office  in  the  nation.  Nowhere  else  has  the  spoils 
system  in  politics,  this  19th  century  survival  of  the  old  Teutonic 
comitatus,  received  so  splendid  an  illustration  of  its  efficiency  as  a 
machine  for  party  control,  as  in  New  York. 

Not  even  to  Massachusetts,  does  New  York  yield  place  in  the  num- 
ber and  value  of  her  legal  reforms,  whether  in  substantive  law  or  in  pro- 
cedure. In  the  abolition  of  feudal  tenures,  of  the  old  cumbersome 
methods  of  conveyance  of  real  property  and  in  the  simplification  of 
pleadings  and  procedure,  New  York  has  led  the  way.  But  these  are 
only  instances.  Within  20  years  England  has  introduced  two  most 
beneficent  innovations  in  her  law,  viz  :  the  abolition  of  separate 
chancery  courts  and  of  the  disabilities  of  married  women  in  regard  to 
the  ownership  of  property  and  the  conduct  of  business.  New  York 
anticipated  England  more  than  20  years  in  these  reforms.  In  the 
codification  of  law,  also.  New  York  has  given  the  impulse  which  is 
gradually  transforming  the  legal  systems  of  this  country. 

"  Innovation,"  says  Henry  Adams,  speaking  of,  the  early  years  of  this 
century,  "was  the  most  useful  purpose  which  New  York  could  serve  in 
human  interest,  and  never  was  a  city  better  fitted  for  its  work.'" 

Plan  and  scope  of  the  work.     The  commercial  and  political  im- 
portance of  the  city  tends  to  overshadow  the  achievements  of  the  com- 
monwealth in  other  fields  of  activity.      The  University  of  the  State  of 
/New  York  is  an  innovation  in  educational  organization   which  deserves 
^o  be  better  known.l    It  is  the  aim  of  the  writer  to  make   this  system 
better  known.     He  has  attempted,  by  a  careful  outline  of  the  organiza- 
tion and  work  of  this  University,  to  show  what  this  state  is  doing  for 
the  higher  education  of  its  people,  and  what  has  been  the  influence  of 
its  system  and  its  activity  upon  the  progress  of  higher  education  in  other 
states  and  countries.     The  University  of  the  State  of  New  York,  com- 
prising as  it  does  all  the  chartered  colleges  and  secondary   schools  m 
the  state,  is  an  institution  unique  in  its  organization  and  in  its  methods 
of  work.'    The  writer  believes  that  he  has  thrown  new  light  upon  the 
beginning  of  the  University  and  has  shown  its  international  origin.     It 
lAdams,  Henry  B.     History  of  the  United  States  of  America,  v.  i.  p.  112. 


HISTORY   AND   ORGAXIZATION  203 

was  but  one  result  of  a  great  movement  in  educational  reform,  which  in 
the  latter  part  of  the  i8th  century  swept  over  continental  Europe 
and  America.  He  has,  at  the  same  time,  pointed  out  the  particular 
causes  which  led  New  York  to  work  out  her  peculiar  system,  a  system 
admirably  adapted  to  the  needs  of  the  state,  and  a  tpodel  which  has 
suggested  many  reforms  beyond  the  boundaries  of  the  commonwealth. 
The  Empire  state  has  no  prouder  or  juster  claim  to  greatness  than  her 
imperial  University. 

The  period  from  the  organization  of  the  University  (1784-87)  until 
the  beginning  of  its  later  increased  activity  with  the  law  of  1889,  has 
been  very  hurriedly  passed  over.  This  period  has  been  treated  fully 
and  ably  in  a  publication  prepared  under  the  auspices  of  the  regents  of 
the  University,  at  the  time  of  their  centennial  celebration  in  1884;'  a 
work  to  which  the  writer  is  greatly  indebted  for  its  valuable  collections 
of  facts  and  the  suggestiveness  of  its  historical  comments.  The  later 
activity  of  the  University  has  been  somewhat  more  fully  treated  in  this 
monograph.  The  revision  and  codification  of  the  laws  relating  to  the 
University  in  1889,  and  the  extension  of  its  powers  thereunder,  as  well 
as  the  present  plans  and  prospects  of  the  University  have  been  care- 
fully studied  by  the  writer,  who  has  made  some  suggestions  as  to  a 
further  extension  of  the  work  of  higher  education  by  the  University. 

In  April  1892,  a  new  university  law  was  enacted,  just  as  this  mono- 
graph was  ready  for  the  printer.  The  purpose  of  the  law  was  to  revise 
and  consolidate  the  laws  relating  to  the  University.  It  has  also  revised 
the  general  legislation  relating  to  the  colleges.  It  thus  covers  a  wider 
field  than  the  law  of  1889  and  might  well  be  called  a  "Code  of  higher 
education."  It  repeals  the  most  of  former  laws  relating  to  higher  educa- 
tion. It  stands  thus  as  the  compact  embodiment  of  that  historic  evolu- 
tion which  the  writer  has  attempted  to  trace  in  this  narrative.  As  such, 
it  has  seemed  best  to  print  it  in  full,  as  an  appendix.  This  volume  thus 
serves  as  an  historic  introduction  to  the  present  law,  which  must  be 
the  starting  point  of  all  new  developments.  The  structure,  powers  and 
methods  of  the  University  itself,  remain  substantially  unaltered.  The 
analysis  of  the  law  of  1889  which  the  writer  has  given,  will  therefore,  be 
intelligible  to  the  reader  of  the  law  of  1892  and  will,  in  turn,  help  to 
make  clear  the  scope  and  meaning  of  the  latest  laAv.  There  are  two 
features  in  the  law  of  1892  which  clearly  show  the  newer  spirit  of 
progress  in  this  old,  historic  University.  One  is  the  remarkable  em- . 
phasis  given  to  libraries  as  an  agency  in  higher  education.  The  other 
is'the  incorporation  of  university  extension  as  a  regular  and  permanent 
department  of  the  University  work. ^^^ 

'  N.  Y.  (state)  —  University.  Historical  and  statistical  record,  1784-1884,  by 
Franklin  B.  Hough;  with  an  introductory  sketch  by  David  Murray,  Ph.  D.,  LL.  D., 
sec'y  of  the  regents,  Albany,  1885. 


204  UNIVERSITY   OF  THE   STATE   OF  NEW  YORK 


CHAPTER    I 

OUTLINES  OF  THE  PRESENT  SYSTEM  OF  EDUCATION  IN 
NEW    YORK 

New  York  has  a  system  of  education  which  is  complex  and  without 
theoretic  unity,  a  system  in  fact  without  system.  In  its  practical  work- 
ing, however,  there  is  a  real  unity.  Like  the  English  constitution  it  is 
the  result  of  historic  growth,  and  the  practical  gifts  of  the  people  have 
made  possible  the  harmonious,  efiticient  management  of  what  would 
seem  like  an  ill  contrived  machine,  were  it  the  contrivance  of  a  single 
mind  or  a  single  legislature. 

Private  schools.  The  state  exercises  no  monoply  of  education. 
While  every  college,  academy  and  private  school  is  in  a  very  important 
sense  a  state  institution,  yet  there  has  always  existed  complete  free- 
dom of  instruction.  Splendid  work  has  been  done  by  a  multitude  of 
unchartered  institutions,  unaided  by  public  money,  si;bjecL_J:Q^o 
visitation  or  control  by  public  authority.  It  is,  however,  a  settled 
policjTof  the  state.  That  all  chartered  institutions  of  learning  shall  be 
considered  as  parts  of  the  state  system,  and  while  allowed  virtually 
complete  self-government  in  internal  administration,  shall  yet  be  held 
accountable  to  the  state  for  the  proper  performance  of  their  duties. 
With  the  strictly  private  schools,  the  present  inquiry  has  no  concern. 

State  educational  systems.  There  are  two  distinct,  coordinated 
systems  of  public  education  in  New  York  ;  occupying  different  fields, 
organized  upon  different  plans  ;  working  in  great  part  without  reference 
to  each  other,  and  yet  in  a  few  points,  vitally  connected.  It  will  be 
seen  later  on,  how  this  anomalous  dual  system  originated.  At  present 
a  clear  statement  of  the  constitution  and  scope  of  each  is  needed,  to 
render  plain  the  lines  of  this  historic  inquiry. 

I  DEPARTMENT  OF  PUBLIC  INSTRUCTION,  OR  COMMON    SCHOOL    SYSTEM 

For  purposes  of  primary  instruction,  the  state  is  dividgdUnto  112' 
school  commissioner  districts.  All  cities,  except  Kingston,  are  ex- 
cluded from  this  division.  These  districts  are  subdivided  into  school 
districts,  the  number  varying  according  to  the  needs  of  each  locality. 

"  The  cities,  with  the  above  exception,  and  a  few  incorporated  vil- 
lages, have  school  organizations  established  by  special  statutes,  under 
the  supervision  of  local  superintendents.' 

School  districts.  The  school  district  is  the  smallest  territorial 
division  of  the  state.  The  qualified  voters  of  the  school  district,  elect 
at  district  meetings,  one  or  three  trustees  who  are  the  "  local  executive 
1  In  1884.  ^Sup't's  rep't,  30th   (1884),  p.  5. 


HISTORY   AND   ORGANIZATION  205 

officers  empowered  to  carry  out  the  mandates  of  the  district  meetings." 
They  have  to  report  annually  to  the  district  meeting  and  to  the  school 
commissioners.  The  district  meeting  elects  a  clerk,  collector  and  a 
librarian.  This  system  secures  thus  the  most  minute  local  self-govern- 
ment in  the  matter  of  the  primary  schools. 

Union  free  school  districts.  Under  a  general  law  passed  in  1853, 
school  districts  are  authorized  to  combine  into  "union  free  school 
districts  "  and  to  establish  graded  schools,  to  be  maintained  by  a  gen- 
eral tax.  These  schools  are  under  the  management  of  elective  boards 
of  education  with  similar  powers  to  those  of  district  trustees.  They  re- 
port to  the  school  commissioners.  This  plan  has  been  generally 
adopted  in  villages,  thereby  securing  a  higher  grade  of  education. 
These  union  free  schools  are  important  as  being  the  main  point  of  con- 
tact between  the  two  systems  of  public  instruction. 

School  commissioners.  The  electors  of  each  school  commis- 
sioner's district  elect  triennially  at  a  general  election,  a  school  commis- 
sioner. This  officer  lays  out  and  regulates  the  boundaries  between 
school  districts,  apportions  the  public  money  allotted  to  his  district  by 
the  state  superintendent,  and  in  general,  exercises  a  constant  and  mi- 
nute supervision  over  all  matters  relating  to  the  school  districts  within 
his  jurisdiction.  School  commissioners  have  advisory  powers  with 
school  district  trustees  and  in  some  few  matters  compulsory  powers. 
They  examine  and  license  teachers  within  their  districts,  and  examine 
and  recommend  candidates  for  appointment  as  students  in  the  normal 
schools.  They  are  required  to  make  annual  reports  to  the  state  super- 
intendent "  containing  a  complete  abstract  of  all  the  material  facts,  sta- 
tistical and  financial,  required  and'  contained  in  all  the  trustees' re- 
ports to  the  commissioners  "  as  well  as  observations  and  suggestions  on 
their  own  part  or  in  response  to  special  enquiries  from  the  superintend- 
ent. 

City  public  schools.  "  The  city  public  schools,  and  those  in  some 
of  the  incorporated  villages  having  a  population  of  not  less  than  5,000, 
are  managed  by  local  boards  of  education  under  special  statutes."  In 
some  cities  and  villages  these  schools  are  under  the  supervision,  not  of 
school  commissioners,  but  of  special  local  superintendents,  who  report 
both  to  the  local  boards  and  to  the  state  superintendent. 

State  superintendent  of  public  instruction.  This  educational 
division  and  organization  of  the  state  has  no  vital  relation  to  the 
political  system  of  the  county  and  township  subdivision.  Territorially 
and  personally  this  educational  system  is  independent  and  complete 
in  itself.  The  minute  local  self-government  in  the  school  districts 
is  counterbalanced  by  the  centralization  of  power  in  the  state  super- 

'  Sup't's  rep't,  30th  (1884),  p.  8. 


206  UNIVERSITY   OF   THE   STATE   OF   NEW   YORK 

intendent  of  public  instruction.  This  state  officer  is  intrusted  with 
powers  of  a  character  almost  autocratic.  He  is  elected  by  the  joint 
ballots  of  the  senate  and  assembly,  and  holds  office  for  three  years. 
This  office  has  existed  since  1854  when  the  department  of  public  in- 
struction was  organized  upon  its  present  basis.'  Besides  appointing 
the  working  force  in  his  own  bureau,  "  he  makes  appointments  of  state 
pupils  to  the  institution  for  the  instruction  of  the  deaf  and  dumb  and 
the  blind,  upon  the  certificates  of  the  proper  local  officers,  .  .  .  and 
has  charge  of  all  the  Indian  schools  upon  the  several  Indian  reserva- 
tions""' and  appoints  their  superintendents.  He  apportions  and  dis- 
tributes the  public  money  appropriated  by  the  legislature  for  the  sup- 
port of  schools  "  amounting  to  more  than  $4,000,000  annually.  "  He 
compiles  the  abstracts  of  the  reports  from  all  the  school  districts  in  the 
state,  reported  to  him  by  the  school  commissioners,  and  the  matters  re- 
ported to  him  by  city  superintendents,  boards  of  education  of  incor- 
porated villages  organized  by  special  statutes  providing  for  local  super- 
vision, and  reports  annually  to  the  legislature.'"* 

He  has  general  supervision  over  all  the  agencies  for  the  training  of 
teachers.  The  system  for  the  training  of  public  school  teachers  is,  in 
theory,  a  complete  one.     There  are: 

Uniform  examinations  •        Academic  teachers'  classes 

Teachers'  institutes  Normal  schools^ 

Uniform    examinations    for   teachers'   certificates.      While 

teachers'  licenses  are  issued  upon  examination  by  school  commissioners 
and  other  local  officers,  such  licenses  are  valid  only  within  the  district 
of  such  examining  officer.  State  certificates  are  issued  only  upon  ex- 
aminations conducted  by  examiners  appointed  by  the  state  superin- 
tendent, who  also  "  with  the  assistance  of  the  regular  corps  of  institute 
instructors,  prepares  the  examination  questions  to  be  used  in  such  ex- 
aminations."^ He  also  regulates  the  grades  of  the  certificates  issued  by 
school  commissioners. 

Teachers'  institutes.  These  popular  training  classes  are  held 
annually  in  each  school  commission  district  and  are  attended  by  a  total 
of  about  20,000  teachers.  The  usual  length  of  the  session  is  one  week. 
The  state  superintendent  has  the  control  of  these  institutes,  appointing 
the  regular  and  special  instructors,  and  directing  the  work. 

'  Laws  of  1854,  ch.  97.  Sup't's  rep't.  30th  (1884),  p.  5-58.  Sup't's  rep't,  32d 
(1886),  p.  5-72.  These  two  reports  taken  together  give  a  valuable  account  of  the 
organization  and  working  of  the  department  of  public  instruction. 

2  Sup't's  rep't,  30th  (1884),  p.  II. 

^  There  is  also  in  New  York  city  a  "College  for  the  training  of  teachers,"  but 
this  is  a  part  of  the  University  and  is  connected  only  with  higher  education. 

*  Sup't's  rep't,  32d  (1886),  p.  9. 


HISTORY   AND    ORGANIZATION  20/ 

Teachers'  classes  in  academies.  The  act  above  referred  to, 
which  authorized  the  consolidation  of  several  school  districts  into 
*' union  free  school  districts,"  also  authorized  the  establishment  in  these 
union  schools  of  "academic  departments."  These  academic  depart- 
ments were  regarded  as  of  equal  grade  with  the  academies  which  were 
under  the  supervision  of  the  University  and  hence  being  a  part  of  the 
system  of  secondary  instruction  were  made  subject  to  the  visitation  and 
control,  not  of  the  state  superintendent,  but  of  the  regents  of  the  Uni- 
versity. In  1834  the  regents  were  authorized  to  establish  in  the 
academies,  classes  for  the  training  of  teachers,  which  classes  have  been 
maintained  ever  since  in  academies,  and  also  since  1877  in  the  academic 
departments  of  union  schools.  In  1888  there  were  3,258  pupils  in  these 
classes  who  attended  over  10  weeks  and  2,676  who  completed  the  full 
course  of  16  weeks.  They  are  regarded  as  "about  the  only  instru- 
mentality for  training  teachers  for  our  ungraded  schools."* 

By  a  law  passed  April  15,  1889,^  "the  powers  and  duties  conferred 
and  imposed  upon  the  regents  of  the  University  by  'previous  acts' 
relative  to  the  instruction  of  classes  in  academies  and  union  schools  in 
the  science  and  practice  of  common  school  teaching  are  hereby  trans- 
ferred to  the  superintendent  of  public  instruction."  This  law  was  the 
result  of  some  deliberation  on  the  part  of  the  regents  and  the  associa- 
tion of  academic  principals,  and  was  passed  upon  being  recommended 
by  the  regents  in  their  report  to  the  legislature.^  Its  object  was  to 
bring  under  a  single  management  all  the  instrumentalities  for  the  prepa- 
ration of  common  school  teachers.  This  transfer  included  the  man- 
agement of  the  annual  appropriation  of  $30,000  for  maintaining  the 
teachers'  classes.  In  1890,  the  annual  appropriation  was  increased  to 
$60,000.* 

Normal  schools.  There  are  now  1 1  of  these  state  schools.  The 
oldest  of  these,  the  Albany  state  normal  school,  was  founded  in  1844, 
and  placed  under  the  joint  management  of  the  superintendent  of  common 
schools  (since  1854,  the  superintendent  of  public  instruction)  and  the 
regents  of  the  University.  "  The  local  management  of  the  latter  school 
(the  Albany  state  normal  school)  is  vested  in  an  executive  committee 
consisting  of  five  members,  of  whom  the  state  superintendent  is  one, 
and  the  other  four  are  appointed  by  the  joint  action  of  the  state  super- 
intendent and  the  regents  of  the  University."*  On  March  13,  1890, 
the  regents  made  this  school  "the  New  York  state  normal  college."  and 
its  work  has  been  reorganized  upon  a  higher  basis,  instructing  only  ad- 

'  Reg.  rep't,  102  (1889),  p.  821. 
«  Laws  of  1889,  ch.  137. 
^'Reg.  rep't,  103  (1889),  p.  27,  26S. 
'' Laws  of  iSgo,  ch.  170. 
«Sup't's  rep't,  32d  (i336),  p.  7. 


208  UNIVERSITY   OF   THE   STATE   OF   NEW   YORK 

vanced  pupils  and  being  exclusively  a  normal  training  school,'  whose 
graduates  receive  the  degree  of  bachelor  of  pedagogy. 

The  other  lo  state  normal  schools  are  entirely  under  the  direction  of 
the  state  superintendent.  They  are  governed  by  local  boards,  ap- 
pointed by  him  ;  and  he  also  appoints  the  teachers  in  these  schools  upon 
nomination  by  the  local  boards.  The  normal  schools,  besides  the  nor- 
mal departments  in  which  the  technical  training  of  teachers  is  carried 
on,  undertake  also  a  general  instruction  of  an  academic  character, 
which  has  been  rather  a  hindrance  than  a  benefit  to  the  development  of 
the  normal  training.  The  state  superintendent  "  appoints  on  the  recom- 
mendation of  school  commissioners  and  city  superintendents  of  schools, 
the  pupils  in  the  normal  department  of  the  several  state  normal  schools, 
subject  to  a  preliminary  entrance  examination  by  the  faculties  of  such 
schools.""* 

These  schools  report  to  the  state  superintendent,  and  each  local 
board  is  "  subject  to  his  general  supervision  and  direction  in  all  things 
pertaining  to  the  school." 

This  hurried  sketch  of  the  chief  powers  of  the  superintendent  of  pub- 
lic instruction  shows  a  remarkable  centralization  in  the  hands  of  the 
single  head  of  the  state  department  of  public  instruction.  While  school 
trustees,  school  commissioners,  and  city  superintendents,  and  boards  of 
education  are  elective  and  local  taxation  is  voted  in  the  various  dis- 
tricts, yet  all  these  local  officers  are  under  the  supervision  of  the  state 
superintendent  and  the  state  money  is  distributed  by  him.  To  these 
executive  powers  are  added  an  extraordinary  judicial  power  which 
makes  the  centralizing  tendency  effective  and  complete. 

Judicial  powers  of  the  state  superintendent  of  public  in- 
struction. The  state  superintendent  is  the  final  arbiter  in  all  disputes 
concerning  school  matters.  Not  only  has  he  an  advisory  power  which 
is  systematically  and  laboriously  exercised  "  through  the  medium  of 
correspondence  by  mail,  or  through  oral  conferences  between  the 
superintendent  or  his  deputy  and  school  officers,  teachers,  parents,  and 
others,  coming  to  the  department  from  various  parts  of  the  state,"^  but 
he  acts  as  a  court  of  final  appeal  with  power  to  enforce  his  decision. 
"  Any  person  feeling  himself  aggrieved  in  consequence  of  any  decision 
made  "  by  school  district  meetings,  school  commissioners,  supervisors, 
district  trustees,  and  other  officers  in  regard  to  any  matter  under  the 
school  laws  ''may  appeal  to  the  superintendent  of  public  instruction." 
Thus  the  verysanctum^oMocal  self-government,  the  district  meetmg, 

^TB^I^^TT^d^^^TsTori^h^^ 

system.-An  address  delivered  before  the  New  York  state  teachers  association  at 

Saratoga  Springs,  July  8,  1890. 

2  Sup't's  rep't,  32d  (1886),  p.  7- 

sSup't's  rep't,  32d  (1886),  p.  12-13. 


HISTORY   AND    ORGANIZATION  209 

is  invaded  by  the  central  authority  of  the  state.  The  superintendent  in 
this  capacity,  establishes  rules  of  practice,  issues  injunctions  and  makes 
all  necessary  orders.  Councils  are  heard  before  him.  The  questions 
involved  on  their  appeals  touch  all  branches  of  the  civil  law,  of  the 
state  constitutional  law,  real  estate  law,  the  law  of  contracts,  the  law  of 
wills  and  the  like.  Hence,  there  is  conferred  upon  the  superintendent, 
an  appellate  judicial  authority  coordinate  with  that  of  the  court  of  ap- 
peals in  some  respects,  for  the  law  declares  that  "  his  decision  shall  be 
final  and  conclusive,  and  not  subject  to  question  or  review  in  any  place 
or  court  whatever.'" 

And  this  despotic  judicial  authority  has  the  amplest  means  of  enforc- 
ing  its  decisions.     The  superintendent  has  — 

"First,  the  power  to  compel  the  assessment  and  collection  of  taxes 
in  a  school  district  to  pay  proper  demands  against  the  district.  Second, 
the  power  to  remove  from  office  any  school  trustee,  or  member  of  a 
board  of  education  of  a  union  free  school  district,  or  other  school  officer, 
for  any  wilful  violation  or  neglect  of  duty  under  the  school  statutes,  or 
for  wilfully  disobeying  any  decision,  order  or  regulation  of  the  superin- 
tendent.'" This  extreme  centralization  in  the  system  of  primary  in- 
struction has  worked  undeniably  well.  However  democratic  in  her 
political  philosophy  New  York  may  be,  the  history  of  her  common 
schools  as  well  as  of  her  University  shows  that  she  has  imperialist  in- 
stincts.    The  Empire  state  is  not  a  mere  fancy  name.^ 

Superintendent  of  public  instruction  and  the  University. 
It  has  already  been  seen  how  in  the  control  of  the  "  New  York  state 
normal  college,"  and  of  the  academic  departments  of  union  free  schools, 
the  department  of  public  instruction  and  the  University  are  brought 
into  direct  and  organic  cooperation.  There  are  other  points  of  contact 
between  the  systems  of  higher  and  of  primary  instruction.  The  state 
superintendent  is,  ex  officio,  a  regent  of  the  University,  a  trustee  of 
Cornell  university  and  of  Syracuse  university. 

'  Laws  of  1864,  ch. 

^Sup't's  rep't,  32d  (1886),  p.  13. 

^Thepolicy  of  state  support  and  state  control  of  the  common  school  system 
has  been  on  the  whole  very  efficient.  The  address  of  Superintendent  Draper, 
above  referred  to,  contains  an  admirable  statement  of  what  has  been  done  by 
New  York  in  these  matters.  In  the  year  1889-90  over  |i 7,000,000  were  raised  by 
state  and  local  taxation  for  the  common  schools.  Local  authorities  can  exercise 
the  right  of  eminent  domain  in  the  acquisition  of  school  sites.  State  supervisioa 
began  in  1812,  when  the  office  of  "State  superintendent  of  common  schools"  was 
created.  From  1821  to  1854  the  secretary  of  state  performed  the  duties  of  this 
office.  Supervision  by  district  or  county  officers  has  existed  from  1841  to  the 
present  time,  excepting  the  years  between  1847  and  1856.  From  1795  till  1856 
there  was  also  supervision  by  township  officers. 
27 


2IO  UNIVERSITY  OF  THE   STATE   OF  NEW   YORK 

a    THE    UNIVERSITY  OF  THE  STATE    OF    NEW    YORK,  OR  THE  SYSTEM  OF 
HIGHER  EDUCATION 

University  act  of  1889.  In  the  year  1889'  the  legislature  of  New 
York  passed  a  law  entitled  "An  act  to  revise  and  consolidate  the  laws 
relating  to  the  University  of  the  State  of  New  York." 

This  act  in  the  words  of  the  regents^  "consolidates  50  pages  of  laws 
which  have  grown  up  during  the  past  century  pertaining  to  the  regents' 
department,  into  a  single  clear  law  of  only  seven  pages.  Besides  codi- 
fying the  old  laws,  the  new  act  has  defined  and  enlarged  the  powers  of 
the  University,  and  has  put  new  safeguards  and  restrictions  on  the  ex- 
ercise of  those  powers."  An  analysis  of  this  law  will  give  the  best  un- 
derstanding of  the  organization  and  work  of  the  University.  It  is  diffi- 
cult to  place  this  University  in  any  known  category  of  institutions.  In 
its  origin  it  had  the  form  of  an  English  educational  corporation;  but 
upon  it  were  ingrafted  the  powers  and  functions  of  a  modern  state  de- 
partment of  education.  It  was  the  first  successful  realization,  in  prac- 
tical form,  of  the  plans  of  the  French  parliamentarians  and  encyclo- 
pedists for  a  system  of  education,  unified  and  harmonized  under  state 
control.'  It  was  not  a  full  realization.  It  was  atjirst_a  rudemachine. 
But  it  worked,  anc^^ucfintuxyijof  use  and  improvement  has  perfected  it. 
Its  original  character  it  still  retains.  It  is  in  form  a  private  corp^oration; 
but  with  no  prjyate  privileges.  Its  private  activities  ar^_^orpublic 
ends.  Its  duties  and  responsibilities  are  chiefly  those  of  a  bureau  of 
state_adJ3iinistration.  It  is  a  state  department  of  higher  education,  or- 
ganized under  the  form  of  a  private  corporation. 

The  University  in  form  a  private  corporation.  "  The  Uni, 
versity  shall  consist  of  all  the  institutions  of  academic  and  higher  educa, 
tion  which  are  now  or  may*  hereafter  be  incorporated  in  this  state, 
together  with  the  state  library  and  state  museum,  and  such  other 
libraries,  museums  or  other  institutions  for  higher  education  as  may,  in 
conformity  with  the  ordinances  of  the  regents,  after  official  inspection, 
be  admitted  to  the  University."* 

From  this  section  of  the  University  act  it  might  seem  that  the  Univer- 
sity was  simply  a  system  of  federated  colleges  like  Oxford  or  Cambridge  ; 
with  the  colleges,  however,  scattered  throughout  the  state  instead  of 
being  collected  in  the  same  town.  It  is  the  relation  of  the  system  to 
the  state  which  makes  the  vital  difference.  The  whole  vast  system  is 
constituted  an  arm  of  state  government.  Besides  the  state  library  and 
state  museum,  there  are  in  the  University  476  institutions.  These  are 
390  academies  and  high  schools,  and  86  colleges  and  professional^ 
schools,  viz:  21  colleges  of  arts  and  science  for  men,  eight  for  women, 

'  Laws  of  1889,  ch.  529. 
'Reg.  rep't,  103  (1889),  p.  30. 
'Laws  1889,   ch.  529. 


HISTORY   AND    ORGANIZATION  211 

and  five  for  men  and  women,  seven  law  schools,  19  medical  schools, 
three  schools  of  pharmacy,  12  theological  schools,  one  polytechnic  and 
10  special  institutions.  Of  these,  one  medical  college,  four  theological 
schools,  two  law  schools  and  one  special  school  are  not  authorized  to 
confer  degrees.  Cooper  Union,  Chautauqua  university  and  Pratt 
Institute  are  ranked  as  special  institutions. 

The  term  "  college  "  is  defined  in  the  act  to  "  include  all  institutions 
of  higher  education  which  are  authorized  to  confer  degrees,"  and  the 
term  "  academy  "  to  "  include  high  schools,  academic  departments  of 
union  schools,  and  all  other  schools  for  higher  education  which  are  not 
authorized  to  confer  degrees."  The  University  therefore  embraces  all 
incorporated  institutions  for  higher  and  secondary  instruction  in  the 
state.  The  department  of  public  instruction,  on  the  other  hand,  em- 
braces in  its  system  all  schools  for  primary  instruction  and  for  the 
technical  training  of  primary  school  teachers. 

The  original  corporate  name  of  the  University  was  "  The  Regents  of 
the  University  of  the  State  of  New  York.^'  The  act  of  1889  changed 
this  name  to  ''  University  of  the  State  of  New  York  "  and  conferred 
upon  the  University  the  usual  general  powers  of  a  corporation. 

The  government  of  the  University  is  vested  in  19  elective  regents, 
and  the  governor,  lieutenant-governor,  secretary  of  state,  and  superin- 
tendent of  public  instruction  who  are  regents,  ex  officio.  The  regents 
elect  their  own  officers,  a  chancellor,  a  vice-chancellor,  who  serve  with- 
out salary,  and  a  secretary,  who  is  also  the  ''financial  officer  of  the 
University."  The  colleges  and  academies  composing  the  University 
have  no  representation  in  the  governing  board.  Indeed  it  is  provided 
that  —  "  No  person  shall  be  at  the  same  time  a  regent  of  the  university 
and  a  trustee,  president,  principal,  or  any  other  officer  of  any  institution 
belonging  to  the  University."^ 

The  government  of  the  University  is  imperial  not  federative.  This 
differentiates  it  at  once  and  completely  from  the  English  universities. 
A  truer  English  analogy  would  be  in  the  government  which  England 
exercises  over  her  colonies.  They  are  parts^jofthe  empire.  They 
govern  themselves.  But  they  havejio_voice  in^the  government  of  the 
whole. 

The  University  has  many  of  the  powers  of  an  ordinary  educational 
corporation.     The  regents  are  authorized  to  confer  honorary  degrees, 

'  This  provision  is  violated  by  tlie  fact  that  the  governor  and  lieutenant-governor 
of  the  state  and  the  superintendent  of  public  instruction  are  made  ex  officio  mem- 
bers at  once  of  the  board  of  regents  and  of  the  board  of  trustees  of  Cornell  uni- 
versity, although  the  old  law  is  not  so  stringent  in  its  wording  as  the  above.  The 
real  intent  of  the  law  is  not  violated,  which  was  to  exclude  private  influence  of 
particular  colleges.  A  stale  officer  might  well  be  expected  to  look  at  matters  from 
the  state  and  not  the  college  standpoint. 


212  UNIVERSITY   OF   THE   STATE   OF  NEW   YORK 

to  establish  examinations  and  grant  diplomas  and  degrees  thereon,  and 
"to  maintain  lectures  connected  with  higher  education."  They  "  have 
power  to  adopt  all  needed  resolutions,  rules,  by-laws  and  ordinances 
for  the  accomplishment  of  the  trusts  resposed  in  them."  They  may 
hold  and  buy,  or  sell,  both  lands  and  chattels.  All  their  corporate 
powers  are,  however,  public  trusts. 

The  University  in  fact  a  state  bureau  of  higher  education. 
The  object  of  the  University  is  declared  to  be  "  to  encourage  and 
promote  academic  and  higher  education  by  means  of  the  several  insti- 
tutions composing  the  University,  to  visit  and  inspect  the  same,  to  dis- 
tribute to  them  such  funds  as  the  state  may  appropriate  for  their  use, 
and  to  perform  such  other  duties  as  may  be  intrusted  to  it." 

The  regents  have  entire  control  of  the  state  library  and  the  state 
museum;  they  are  charged  with  the  "preparation,  publication  and 
distribution  "  of  various  state  publications  and  with  the  apportionment 
of  public  money  to  the  academies.  They  are  required  "  to  establish  in 
the  academies  of  the  University,  examinations  in  such  studies  as  the 
regents  shall  prescribe  as  furnishing  a  suitable  standard  of  graduation 
from  the  academies,  and  of  admission  to  the  colleges  of  the  state,"  and 
they  have  organized  among  the  academies  a  far  more  extensive  system 
of  examinations  than  they  are  required  to  maintain. 

Medical  students,  unless  college  graduates,  must  take  a  regents' 
examination  before  beginning  study  at  a  medical  school.'  The  same 
rule  holds  in  case  of  law  students.  The  regents  are  further  required 
to  appoint  boards  of  examiners  in  medicine,  to  examine  candidates  for 
a  state  license  to  practise  medicine. 

It  is  specially  in  the  field  of  academic  examinations  that  the  regents 
tiave  advanced  the  interests  of  higher  education  during  the  last  30 
j^ears. 

The  supervisory  powers  of  the  University  are  vast  and  stringent. 

"  The  regents  shall,  by  themselves  or  their  committees  or  officers, 
have  full  power  to  examine  into  the  condition  and  operations  of  every 
institution  in  the  University,  and  shall  inspect  the  same,  and  require 
of  each  an  annual  report  verified  by  the  oath  of  its  presiding  officer  and 
including  such  particulars  as  may  be  prescribed  by  the  regents  who 
shall  annually  report  to  the  legislature,  on  all  departments  of  the  Uni- 
versity." Thus  while  the  various  colleges  ajid-academies  have  no  /oice 
in  the  management  of  the  University,  the  University  has  absolute  power, 
in  the  name  of  the  state,  to  inspect  and  to  report  to  the  legislature  on 
all  the  affairs  of  these  institutions. 

It  is,  however,  in  regard  to  the  incorporation  of  colleges  and 
academies  that  the  public  character  of  the  University  is  most  clearly 

'  Laws  of  1889,  ch.  468. 


HISTORY   AND   OK(JANIZATION  213 

seen.  The  regents  have  power  to  "  incorporate  any  college,  academy, 
library,  museum,  or  other  educational  institution  under  such  name,  with 
such  number  of  trustees  or  other  managers,  and  with  such  powers  and 
privileges  and  subject  to  such  limitations  and  restrictions,  in  all  respects, 
as  may  be  prescribed  by  the  said  regents  in  conformity  to  the  laws  of 
this  state."  The  regents  may  also  suspend  the  charter  of  any  institu- 
tion for  failure  to  report  or  other  violation  of  law.  Further,  "the  said 
regents  may,  at  any  time,  for  sufficient  cause,  and  by  an  instrument 
under  their  common  seal,  to  be  recorded  in  their  office,  alter,  amend,  or 
repeal  the  charter  of  any  college,  academy  or  other  institution  subject 
to  their  visitation." 

The  University  is  thus  made  coordinate  with  the  legislature  itself. 
It  would  seem  that  the  state  had  so  far  abdicated  its  sovereignty,  were 
the  University  not  in  fact  a  part  of  the  state  government. 

State  control  of  the  University.  The  constitution  of  the  board 
of  regents  secures  its  control  by  the  state.  The  life  which  vitalizes  the 
corporation  is  the  power  of  the  people  in  their  legisljjture.  It  has  been 
seen  that  the  governor  of  the  state,  the  lieutenant-governor,  the  secre- 
tary of  state  and  the  superintendent  of  public  instruction  are  regents 
ex  officio.  The  remaining  19  regents  are  elective,  but  there  is  no  co- 
optative  perpetuation  in  the  University.  "  In  the  case  of  the  death, 
resignation  or  removal  from  the  state  of  any  elective  regent,  his  suc- 
cessor shall  be  chosen  by  the  legislature  in  the  manner  provided  by  law 
for  the  election  of  senators  in  congress,  except  that  the  election  may 
take  place  at  any  time  during  the  session  of  the  legislature  as  it  may 
determine." 

State  control  is  further  insured  by  the  fact,  that  while  the  officers  of 
the  board  of  regents  are  elected  by  the  regents,  yet  "  each  officer  so 
elected  shall,  before  entering  on  his  duties,  take  and  file  with  the  secre- 
tary of  state  the  oath  required  of  state  officers." 

It  is  also  provided  that  if  any  regent  absent  himself  from  the  meet- 
ings for  a  year  without  satisfactory  excuse  the  fact  shall  be  reported    I 
to  the  legislature  and  a  new  regent  elected  in  his  place.     The  annual 
report  which  the  regents  are  obliged  to  make,  is  another  important 
feature  in  state  control. 

It  is  a  master  stroke  in  the  policy  of  state  control  that  the  regents  are 
to  serve  without  pay.  A  regular  state  department  with  its  salaried 
officers  would  have  been  more  easily  brought  under  the  control  of  a 
political  party.  It  was  keen  political  insight  which  led  the  authors  of 
this  scheme  thus  to  compel  into  this  high  service  of  the  state,  the 
worthiest  talent  in  the  state.  None  but  a  citizen  of  worth  and  public 
spirit  would  accept  a  position  of  grave  responsibility  and  important 
duty,  when  only  honor  was  to  be  gained.  And  honor  was  not  certain, 
for  they  hold  their  position  at  the  pleasure  of  the  legislature. 


214  UNIVERSITY   OF  THE   STATE   OF   NEW   YORK 

The  policy  is  not  a  democratic  one  ;  but  it  has  proved  entirely  suc- 
cessful ;  the  legislature  has  uniformly  chosen  men  of  high  character  and 
wide  reputation.  They  could  have  no  motive  to  do  otherwise  when 
there  were  no  "  spoils  "  in  the  office.  No  suspicion  of  political  cor- 
ruption has  ever  touched  the  activity  of  the  board  of  regents.  They 
have  been  men  chosen  from  among  the  foremost  citizens  of  the  state. 
It  is  interesting  to  note  that  Prussia  is  adopting  in  municipal  adminis- 
tration this  policy  of  gratuitous  service  by  the  citizens,  but  with  this 
difference,  characteristic  of  the  Prussian  state,  that  such  service  is  there 
compulsory. 

It  is  one  great  merit  of  this  peculiar  constitution  of  the  University, 
that  to  each  separate  college  and  academy  is  left  its  own  charter,  with 
all  the  stimulus  of  private  gain  and  ambition,  no  mean  stimulus  in  a 
social  regime  where  individualism  is  -still  the  dominant  principle  of  ac- 
tivity, while  the  great  work  of  harmonizing  this  multitude  of  virtually 
independent  institutions,  of  inspecting  their  action,  of  promoting  plans 
of  improvement  an4  of  bringing  the  whole  into  organic  relation  to  the 
state,  is  performed  by  a  few  men  whose  very  acceptance  of  the  office 
proves  their  breadth  of  mind  and  zeal  for  the  common  good. 

SUMMARY 

State  educational  policy.  From  the  foregoing  sketch  it  has  be- 
come apparent  that  in  New  York,  the  activity  of  the  state  is  vital  in 
every  department  and  branch  of  educational  enterprise.  The  points 
in  the  state  system  which  are  most  noteworthy,  are  these  : 

1  The  state  system  is  not  a  monopoly.  There  exists  perfect  freedom 
for  private  educational  enterprise,  individual  or  associate,  lay  or  clerical. 

2  A  public  school  sys\;em  for  primary  instruction,  supported  entirely 
by  local  or  general  taxation  and  state  funds,  and  designed  for  the  free 
use  of  all  children  under  compulsory  attendance  laws.  This  system  is 
organized  upon  a  special  territorial  sub-division  of  the  state,  distinct  in 
the  main  from  the  political  sub-division,  and  all  its  parts  are  subordinated 
to  the  authority  of  a  single  head  elected  by  the  legislature,  —  the  state 
superintendent  of  public  instruction.     The  extraordinary  judicial  power 

Icf  final  decision  upon  appeal,  conferred  upon  this  officer,  makes  the 
central  authority  of  the  state  supreme  in  the  regulation  of  even  the 
smallest  affairs  and  in  the  remotest  home  of  local  self-government.  An 
extensive  system  of  agencies  for  the  training  of  teachers  for  the  primary 
schools  is  also  maintained  under  the  control  of  this  department. 

3  A  system  of  secondary  and  higher  education,  in  which,  all  colleges 
and  academies  having  state  charters  are  made  parts  of  a  vast  corpora- 
tion, called  the  "University  of  the  State  of  New  York,"  in  the  govern- 
ment of  which,  however,  they  have  no  voice.  Although  for  the  most 
part  these  institutions  are  private  foundations  and  are  maintained  by 


HISTORY   AND   ORGANIZATION  21 5 

private  funds,  they  are  subject  absolutely  to  the  visitation  of  the  Uni- 
versity, which  has  the  power  oHife  and  deathjjvcr  these  bodies  corpo- 
rate. The  University,  in  spite  of  its  form  as  a  private  corporation  is 
in  fact  a  state  bureau  of  administration,  exercising  the  sovereign 
authority  of  the  state  over  the  colleges  and  academies,  while  leaving  to 
them  the  largest  liberty  for  self-government  in  their  internal  affairs. 

4  In  both  systems  the  policy  is  to  secure  the  largest  possible  benefit, 
consistent  with  state  control,  from  individual  initiative  and  local  pride. 
Of  the  $17,000,000  paid  for  common  schools  in  the  year  1889-90, 
$13,000,000  were  raised  by  local  taxation,  and  $4,000,000  only  were 
the  product  of  state  taxation  and  state  funds.  The  highest  educational 
service  rendered  in  the  state,  viz:  the  work  of  the  regents,  is  a  service 
rendered  gratuitously.  New  York  is  imperial  in  her  educational 
methods,  but  the  imperialism  is  half-feudal  in  its  type,  voluntary  ser- 
vice by  the  people  in  return  for  the  paternal  supremacy  of  the  state. 


CHAPTER    2 

THE  FOUNDING  OF  THE  UNIVERSITY 

HIGHER  EDUCATION  IN  COLONIAU  TIMES 

Little  was  done  for  the  advancement  of  higher  education  in  the  New 
Netherlands.  The  policy  of  the  Dutch  in  the  matter  of  popular  schools 
for  elementary  instruction  was  carried  to  the  new  world,  and  from  the 
very  beginning  the  Dutch  settlers  took  care  to  provide  public  primary 
schools.  In  1638  it  was  proposed,  in  certain  articles  for  the  coloniza- 
tion and  trade  of  the  New  Netherlands,  that  "  Each  householder  and 
inhabitant  shall  bear  such  tax  and  public  charge  as  shall  hereafter  be 
considered  proper  for  the  maintenance  of  clergymen,  comforters  for  the 
sick,  school-masters  and  such  like  necessary  officers.'"  There  had 
been  schools  even  before  this.  And  later,  in  1659,  "  Alexander  Carolus 
Curtius,  before  a  professor  in  Lithuania,"  was  engaged  by  the  directors?, 
of  the  West  India  company  and  sent  out  to  open  a  Latin  school.'  The 
English  occupation  in  1664  however  put  an  end  to  this  school,  which 
appears  to  have  been  the  only  academy  in  New  Amsterdam. 

Under  the  English  regime  Latin  schools  were  encouraged.  As  dur- 
ing the  Dutch  rule,  licenses  from  both  civil  and  ecclesiastical  author- 
ities were  necessary  for  the  establishment  of  private  schools.  In  1702 
the  legislature  framed  "  An  act  for  encouragement  of  a  grammar  free 
school  in  the  city  of  New  York,^  but  no  permanent  foundation  was 


'Pratt's  Annals  {see  Conv.  proc.  1868,  p.  160). 
'  Pratt's  Annals  {see  Conv.  proc.  i86(),  p.  T44). 
3  Pratt's  Annals  (j^^- Conv.  proc  i368,   p.  177). 


2l6  UNIVERSITY   OF   THE   STATE   OF  NEW   YORK 

made  under  this  act.  The  act  contemplated  the  establishment  of  a 
public  school  supported  by  taxation,  "  for  the  education  and  instruction 
of  youth  and  male  children  of  such  parents  as  are  of  French  and  Dutch 
extraction,  as  well  as  of  the  English."  The  school-master  was  to  be 
chosen  by  the  common  council  of  the  city,  and  "  lycensed  and  approved 
by  the  Right  Hon.  the  bishop  of  London,  or  the  governor  or  com- 
mander in  chief"  of  the  province.  Lord  Cornbury,  then  governor, 
urged  the  matter  and  the  "  English  society  for  the  propagation  of  the 
gospel  in  foreign  parts  "  became  interested  in  the  plan.  This  society 
was  formed  in  1701,  and  adopted  a  vigorous  missionary  policy  in  the 
colonies,  spurred  on  by  antagonism  to  the  efforts  of  the  Jesuits. 
Under  Governor  Dongan  the  Jesuits  had  actually  established  a  Latin 
school  in  New  York  in  1688.  In  educational  affairs  the  aim  of  this 
society  was  to  strengthen  and  extend  the  influence  of  the  English 
church,  and  the  schools  of  the  colony  fell  virtually  under  the  control 
of  this  propagandist  corporation.  They  sent  out  missionaries  and 
school-masters  and  organized  schools  throughout  the  province  which 
they  in  part  supported.  In  their  attempts  to  convert  the  Iroquois, 
likewise,  they  showed  great  zeal. 

"The  maintenance  of  a  learned  and  orthodox  clergy  abroad,"  was 
declared  to  be,  "  the  principal,"  although  "  not  the  only  intent  of  this 
corporation"  and  their  standing  orders  in  regard  to  school-masters 
show  that  they  believed  firmly  in  the  dominance  of  the  established 
church  in  education.  The  ecclesiastical  bias,  thus  intensified  in  the 
schools  of  the  colony,  is  important  as  helping  to  explain  the  contro- 
versies of  the  latter  half  of  the  century. 

In  1732  another  attempt  was  made  to  establish  a  school  under  public 
authority.  "  An  act  to  encourage  a  public  school  in  the  city  of  New 
York  for  teaching  Latin,  Greek  and  mathematics  '"  passed  in  that  year, 
provided  for  an  institution  thoroughly  civil  in  its  scope  and  government. 
The  education  sought  was  secular  rather  than  religious.  The  public 
good,  not  the  advantage  of  the  church,  was  the  object  in  view.  The 
school  was  to  be  under  the  visitation  of  the  "  justices  of  the  supreme 
court,  the  rector  of  Trinity  church  and  the  mayor,  recorder  and  alder- 
man of  the  city  of  New  York,"  who  could  remove  the  school-master 
for  cause  and  appoint  a  successor.  This  board  of  visitation  is  probably 
the  prototype  of  the  ex  officio  membership  of  the  board  of  governors 
of  King's  college  and  of  the  board  of  regents.  Provision  was  made  for 
partial  public  support  of  the  school  and  for  the  instruction,  free  of 
tuition,  of  20  young  men  recommended  from  the  different  counties  by 
certain  public  officers  in  those  counties.  This  last  provision  shows  a 
remarkable  grasp,  for  that  time,  of  the  meaning  and  functions  of  a  state 

'  Pratt's  Annals  {see  Conv.  proc.  1869,  p.  186). 


HISTORY   AND   ORGANIZATION  21/ 

school.  It  was  the  beginning  of  the  policy,  consummated  in  the  estab- 
lishment of  the  University,  of  an  educational  institution  which  should 
be  identified  in  its  operation  with  the  whole  life  of  the  state. 

King's  college.  The  idea  of  a  college  seems  to  have  lurked  in 
both  these  schemes  for  a  public  grammar  school,  namely,  the  acts  of 
1702  and  of  1732.  But  it  was  not  till  1746  that  public  action  was  really 
taken  in  regard  to  the  founding  of  a  college. 

In  that  year  the  legislature  passed  "  An  act  for  raising  the  sum  of 
^^2,250  by  a  public  lottery,  for  this  colony,  for  the  advancement  of 
learning  and  towards  the  founding  a  college  within  the  same."  This 
was  the  beginning  of  King's,  afterwards  Columbia  college.  It  is  not 
necessary  here  to  tell  the  story  of  the  founding  of  King's  college.  It 
has  been  often  told  and  there  is  nothing  new  to  add.  There  was  a 
fierce  controversy  over  the  charter.  One  party  desired  a  royal  charter; 
the  other  a  charter  from  the  colonial  legislature.  The  royalist  party 
prevailed  and  the  charter  was  granted  by  King  George  2  in  1754.  In 
this  controversy  is  seen  that  revolt  against  absolutism  in  church  and 
state  which  was  gathering  strength  both  in  America  and  in  France  at 
this  time.  The  principles  or  tendencies  of  the  conservative  party  were, 
a  church  foundation  aided  by  the  state ;  an  education  in  which  the 
church  standards  should  be  the  gauge  of  truth ;  the  maintenance  of 
the  authority  of  the  English  king  ;  a  corporate  organization  in  which 
the  Church  of  England  should  control.  It  was  a  party  of  English  sym- 
pathies, of  aristocratic  tendencies,  of  intuitional  and  scholastic  knowl- 
edge, of  ecclesiastical  supremacy.  The  other  party  were  learning  a  new 
philosophy.  They  favored  knowledge,  positive  and  practical.  They 
wanted  freedom  and  self-government  in  the  church  and  in  the  state ; 
and  separation  of  church  from  state.  They  wanted  an  education  that 
fitted  men  for  service  in  the  state,  that  was  identified  with  state  life  and 
controlled  by  the  people  in  their  civil  capacity.  It  was  the  party  that 
later  had  French  sympathies,  the  popular  party  moved  by  the  spirit  of 
the  American  revolution. 

William  Livingston,  whose  influence  we  shall  notice  later  on,  was  the 
life  of  this  popular  opposition  to  the  royal  charter.  The  American  or 
popular  party  won  some  advantages.  Several  public  officials  of  the 
colony  were  made  ex  officio  members  of  the  board  of  governors.  The 
ex  officio  governors  of  the  college  were  the  archbishop  of  Canterbury, 
the  first  lord  commissioner  for  trade  and  plantations,  the  governor  and 
lieutenant-governor  of  the  province,  the  eldest  councillor,  the  judges  of 
the  supreme  court  of  judicature,  the  secretary  and  the  attorney-general, 
the  speaker  of  the  general  assembly,  the  treasurer,  the  mayor  of  New 
York,  the  rector  of  Trinity  church  and  one  minister  of  the  reformed  pro- 
testant  Dutch  church,  of  the  Lutheran  church,  of  the  French  church, 
and  of  the  presbyterian  church  respectively  ;  and  the  president  of  the 
28 


21 8  UNIVERSITY   OF   THE   STATE   OF  NEW    YORK 


nam 


college.  The  charter  was,  in  a  measure,  a  compromise.  Willi 
Livingston  was  put  on  the  board  of  governors.  Trinity  church  offered 
land  for  the  site  of  the  college  on  condition  that  the  president  should 
belong  to  the  Church  of  England.  Livingston  and  his  party  opposed 
this  measure  and  opposed  also  the  giving  of  public  funds  to  an  institu- 
tion dominated  by  the  church.  The  opposition  succeeded  so  far  that 
in  1756  the  lottery  money  was  divided  equally  between  the  college  and 
the  city.'  Work  was  immediately  organized  by  the  Rev.  Dr  Samuel 
Johnson,  who  came  from  Connecticut  and  who  had  refused  the  presi- 
dency of  Franklin's  new  academy  at  Philadelphia,  which  afterwards  de- 
veloped into  the  University  of  Pennsylvania.  The  college  was  aided 
financially  by  the  king  and  "many  of  the  nobility  and  gentry  in  the 
parent  country,"  by  the  Society  for  the  Propagation  of  the  Gospel  in 
Foreign  Parts,  and  by  "  several  public  spirited  gentlemen  in  America 
and  elsewhere,"  to  quote  from  an  account  of  the  college  attributed  to 
its  second  president,  Dr  Myles  Cooper.^  This  account  continues:  "  By 
means  of  these  and  other  benefactions,  the  governors  of  the  college 
have  been  able  to  extend  their  plan  of  education  almost  as  diffusely  as 
any  college  in  Europe.  "^  There  was  also  a  grammar  school  annexed  to 
the  college.  It  is  thus  seen  that  the  European  universities  had  an  in- 
fluence on  the  development  of  the  curriculum,  and  the  training  given  by 
this  college  fitted  some  of  the  ablest  men  in  the  colonies  for  their  work 
in  the  revolution  and  the  subsequent  political  development  of  the 
country.  The  scientific  spirit  was  early  awakened,  and  a  medical 
I  school  was  established  as  early  as  1767.  The  college  was  broken  up  by 
'  the  revolution  and  the  occupation  of  New  York  by  the  British. 

New  York  at  the  close  of  the  revolution.  On  the  25th  day  of 
November,  1783,  the  British  evacuated  the  city  of  New  York,  and  the 
state  constitution,  adopted  in  1777  at  Kingston,  pushed  its  jurisdiction 
to  the  sea.  The  population  of  the  state  at  this  time  was  about  a  quarter 
of  a  million,  of  whom  perhaps  one  tenth  counted  their  residence  in  New 
York  city,  while  Long  Island  numbered  some  30,000  inhabitants.  The 
rest  of  the  inhabitants  were  scattered  along  the  whole  course  of  the  val- 
ley of  the  Hudson,  although  from  Albany  to  the  Champlain  region  the 
settlements  were  sparse.  Westward  from  Albany,  Schenectady  was  the 
last  important  town.  No  substantial  effort  had  yet  been  made  to  people 
the  vast  stretch  of  forest  westward  and  northward  from  this  narrow 
fringe  of  the  Hudson  river  valley.  But  the  expedition  of  Sullivan  had 
broken  the  power  of  the  Six  nations,  and  the. state  began  a  liberal  policy 
of  land  grants  which  soon  started  a  great  wave  of  white  settlement 
through  the  fertile  Mohawk  plain,  which  had  become  famous  as  the 
'  ISIsThistory  of  Columbia  college  by  Frank  R.  Hathaway. 
'•'  President  1763-75- 
2  Quoted  in  Hist,    record,  p.  119. 


HISTORY   AND    ORGANIZATION  219 

"long  house  "  of  the  imperial  Iroquois.  But  this  meant  future  great- 
ness only.  New  York  was  but  a  middle  state  in  importance,  as  m  posi- 
tion at  the  close  of  the  war.  New  York  and  Albany  were  the  only 
large  cities.     The  territory  of  the  state  was  a  wilderness  possessed  by 

Indians.  .  ,    .  ■     ^        a 

There  were  no  efficient  educational  institutions.     A  few  private  and 
parish  schools,  a  few  academies,  King's  college  defunct,  such  was  the 
condition  of  education  in  1783.     The  state  had  an  aristocracy,  but  an 
aristocracy  without  caste.     Cosmopolitan  in  origin,  this  aristocracy  could 
not  be  homogeneous  in  sentiment.     It  rested  upon  birth,  upon  wealth 
upon  talent.      Dutch  and  English,  Huguenot  and  German,  Welsh  and 
Irish  and  Scotch  were  the  national  strains  of  blood  in  the  first  families. 
Alexander    Hamilton,   the    Scotch   Huguenot  from    the  West    Indies, 
parvenu  though  he  was,  had  ennobled  himself  through  his  genius  and 
conspicuous  services.     He  married  into  one  of  the  old  Dutch  famihes, 
the  Schuylers,  and  became  a  leader  in  society  as  he  was  in  politics. 
Intellectually,  the  chief  distinction  of  New  York  was  in  her  jurists. 
The  bar  of  New  York,  containing  as  it  did,  Hamilton,  John  Jay,  Chan- 
cellor Livingston,  James  Duane,  Aaron  Burr,  Richard  Morris,  Egbert 
Benson,  and  many  others  little  less  famous  in  that  day,  would  yield  to 
no  other  state  its  claim  to  precedence.     And  these  men  were  trained,  by 
the   experience    of  the  revolution,   to   deal  with   all   the  questions  of 
political  organization  and  government.     They  established  constitutions, 
framed  laws,  adapted  the  old  order  to  new   exigencies,  were  quick  m 
expedients  of  policy.     They  were  at  once,   lawyers  and  judges    poli- 
ticians and  statesmen.     The  lawyers  of  New  York  were  the  leaders  in 
the  state,  and  as  a  body,  aristocratic  in  their  preferences. 

Legislation  of  1784.  It  was  natural  that  under  such  circum- 
stances there  should  be  an  effort  on  the  part  of  the  leading  men  to 
revive  the  college,  and  thus  provide  means  of  higher  education  for  the 
young  men  of  the  upper  classes.  But  the  general  policy  of  the  colony 
had  been  like  that  of  England,  to  leave  educational  matters  to  private 
enterprise.  It  is  surprising,  therefore,  to  find  that  the  very  first  move- 
ment was  for  the  establishment  of  a  state  university  and  a  state  system 

of  education.  ,^    ,     /^ 

In  January  1784,  two  months  after  the  British  left  New  York,  Gov- 
ernor George  Clinton  sent  his  message  to  the  legislature,  m  which  is 
found  the  first  public  expression  of  the  need  of  better  educational  in- 
stitutions. His  words  are  these:  "  Neglect  of  the  education  of  youth  is 
among  the  evils  consequent  on  war.  Perhaps  there  is  scarce  any  thing 
more  worthy  your  attention   than  the   revival   and   encouragement  of 

seminaries  of  learning.'" 

1  Senate  journal,  1784,  p.  6. 


220  UNIVERSITY   OF   THE   STATE   OF   NEW   YORK 

This  recommendation  received  prompt  attention  in  both  senate  and 
assembly.  The  assembly  appointed  Robert  Harpur,  formerly  a  pro- 
fessor in  King's  college,  and  two  other  members,  a  committee,  directed 
to  prepare  and  bring  in  a  bill  "for  the  establishment  of  seminaries  of 
learning,  and  schools  for  the  education  of  youth.'"  In  the  senate  James 
Duane  was  made  chairman  of  a  "  committee  for  seminaries  of  learning," 
Nearly  a  month  later,  on  February  19,  Mr  Duane  presented  a  bill 
entitled  "An  act  for  establishing  a  University  within  this  state."  It  is 
much  to  be  regretted  that  nothing  can  be  found  throwing  light  upon  the 
origin  of  this  idea  of  a  University.  Nor  is  it  known  what  were  the  pro- 
visions of  this  bill.  Both  the  governor,  George  Clinton,  and  James 
Duane,  had  been  governors  of  King's  college. 

After  this  bill  was  brought  in,  it  seems  to  have  occurred  to  the  friends 
of  the  college  that  here  was  a  good  chance  to  revive  that  institution.  A 
petition  to  the  legislature  was  presented  in  the  senate  on  March  30, 
which  shows  clearly  that  there  was  a  strong  attempt,  not  only  to  revive 
the  college,  but  to  make  it  paramount  in  the  new  system  which  the  bill 
of  Mr  Duane  had  provided  for.  The  petition  recited  the  charter  of 
the  college,  the  death  or  departure  of  the  majority  of  the  governors, 
and  "  that  many  parts  of  the  said  charter  are  inconsistent  with  that  lib- 
erality and  that  civil  and  religious  freedom  which  our  present  happy 
constitution  points  out  "  and  urges  "  that  an  alteration  of  that  charter 
in  such  points  as  well  as  an  extension  of  the  privileges  of  the  said  col- 
lege so  as  to  render  it  the  mother  of  an  University  to  be  established 
within  this  state  would  tend  to  diffuse  knowledge  and  extend  literature 
throughout  this  state."  Here  is  the  germ  of  the  whole  subsequent 
policy.  The  new  idea  of  civil  and  religious  freedom  as  expressed  in 
the  constitution  should  be  inwrought  in  the  new  educational  system. 
The  victories  of  the  revolution  should  be  secured.  And  here  emerges 
that  consciousness  of  greatness,  that  dream  of  future  empire,  which 
characterized  the  great  minds  of  the  revolution.  What  Washington 
and  Jefferson  thought  in  national  outline,  George  Clinton,  the  uncom- 
promising champion  of  his  state,  thought  in  the  narrower  outline  of  his 
state.  There  must  be  a  system  of  education  that  would  meet  the  de- 
mands of  the  future  growth  of  the  state.  But  these  men  who  had  the 
interests  of  the  state  at  heart  were  guardians  also  of  the  old  college. 
Naturally,  therefore,  they  sought  to  render  their  alma  mater  "  the 
mother  of  an  University,"  which  was  to  "diffuse  knowledge  and  extend 
literature  throughout  the  state."  It  was  a  great  plan  for  the  extension 
of  university  teaching  and  it  has  made  possible  the  vaster  movement  for 
the  new  university  extension  of  to-day.     The  act  lately  passed  by  the 


'  Nothing  further  appears  to  have  been  done  in  the  assembly.     The  senate  car- 
ried the  matter  through. 


TTTSTORY   AND   ORGANIZATTON 


221 


New  York  legislature  to  appropriate  funds  to  enable  this  same  Univer- 
sity to  establish  a  system  of  university  extension  throughout  the  state  is 
the  lineal  offspring  of  the  work  of  these  patriotic  friends  of  education 
in  the  last  century.  George  Clinton,  the  first  chancellor,  and  George 
William  Curtis,  the  present^  chancellor,  are  thus  champions  together  o 
the  same  great  cause.  This  petition  was  dated  March  24,  1784,  and 
signed  by  the  following  "governors  of  the  college  commonly  called 
king's  college" -George  Clinton,  Richard  Morris  James  Duan. 
Gerard  Bancker.  Egbert  Benson,  J.  H.  Livingston,  Samuel  Provoos> 
John  Rodgers,John  Morin  Scott,  Leonard  ^Lispenard,  John  Livmg 
ston,  William  Walton  and  Samuel   Bayard,  jr.^ 

This  petition  was  referred  by  the  senate  to  the  committee  of  the 
whole  "to  be  taken  into  consideration  with  the  bill  for  establishing  a 
University  within  this  state."  This  prompt  strong  action  on  the  part 
of  the  fri  nds  of  the  college  captured  the  movement  which  had  been 
started  to  establish  a  University,  as  appears  from  an  entry  in  the  Senate 
P.alA,ril  .6,  X784,  to  the  effect  that  Mr  Williams  from  the  com- 
niittee  of  the  whole  reported,  "that  they  had  gone  through  the  bill, 
„.ade  several  amendments  and  altered  the  title  in  words  fo  lowing,  viz: 
''An  act  for  granting  certain  privileges  to  the  college  heretofore  called 
King's  college,  for  altering  the  name  and  charter  thereof,  and  erecting 
an  University  within  this  state." 

Three  days  later  this  amended  bill  with  altered  title  was  passed  by 
the  senate.  April  21,  the  assembly  concurred;  May  i  the  counci  o 
revision  approved  it,  and  it  became  law.  The  chief  justice  who  sent 
down  the  message  of  approval  from  the  council  of  revision  was  Richard 
Morris,  whose  name  appears  second  in  the  list  of  the  Pe^^^-"-  ^f  J^. 
Thus  George  Clinton,  the  governor,  Richard  Morns,  ^^^f  just  ce  and 
Tames  Duane,  chairman  of  the  senate  committee  on  the  bill,  were  all 
g^ernors  of  king's  college  and  signed  the  petition.  Robert  Harpur 
chairman  of  the  assembly  committee,  had  been  a  professor  in  King  s 
college.  Besides  this,  the  secretary  of  state  was  John  Morin  Scott,  the 
state  treasurer  was  Gerard  Bancker,  and  the  attorney-general  was  Eg- 
bert Benson,  all  signers  of  the  petition. 

No  bill  could  have  been  passed,  probably,  under  such  circumstances 
which  did  not  strongly  recognize  the  claims  of  King's  college.  If  there 
was  to  be  a  state  system  of  education  the  college  would  naturally  wish 
to  control  in  that  system.  The  places  of  influence  in  the  legislature 
and  the  chief  state  offices  were  held  by  friends  of  the  old  college  Any 
movement  to  set  up  a  state  university  which  might  destroy  the  influence 
of  this  corporation  would^^been  useless.     The  above  petition   to 

"TRevised  June  iSgn^hancellor  Curtis  died  31  August  1892. 
2  Conv.  proc.  (1S75),  p.  IQQ- 


222  UNIVERSITY   OF   THE   STATE   OF   NEW   YORK 

the  legislature  was  virtually  a  petition  by  the  governors  of  the  college 
to  themselves.  These  men,  filled  with  the  spirit  of  English  conserva- 
tism, would  have  no  faith  in  radical  innovation  such  as  that  proposed  in 
France  at  this  time.  But,  as  keen  lawyers  and  politicians,  they  saw 
that  the  benefit  of  the  new  ideas  of  state  education  could  be  secured 
by  an  adaptation  of  the  old  corporate  organization,  in  which  the  power 
of  their  college  could  still  be  dominant.  The  scope  of  the  new  Univer- 
sity should  be  coextensive  with  the  boundaries  of  the  state;  its  structure 
expansive  to  meet  the  future  expansion  of  the  state.  It  should  be  secured 
from  all  danger  of  clerical  control;  it  should  be  the  child  of  the  state, 
and  under  the  control  of  the  state,  while  yet  depending  mainly  on  pri- 
vate funds  for  its  support.  While  the  college  should  not  comprise  all  the 
new  University,  yet  the  old  property  of  that  institution  should  be  pre- 
served to  it,  and  its  influence,  for  all  that  they  could  see,  would  continue 
dominant  in  the  new  regime.  It  was  a  splendid  instance  of  that  con- 
structive revolution  in  which  New  York  has  proved  herself  a  worthy 
daughter  of  England.  Revolution  by  destruction  was  never  suited  to 
English  character,  and  the  prevailing  character  of  the  influential  men 
in  New  York  was  English. 

But  the  law  of  May  i,  1784  was  a  compromise.  The  opposition, 
which  began  as  far  back  as  1702,  against  the  domination  of  the 
church  in  education,  which  showed  more  strongly  in  the  academy 
scheme  of  1732,  with  its  free  students  from  the  counties,  and  which 
had  grown  into  an  aggressive  and  threatening  spirit  of  secularization  in 
the  controversy  over  King's  college  charter,  had  been  vastly  strength- 
ened and  extended  by  the  revolution.  The  idea  of  state  education, 
with  civil,  not  ecclesiastical,  ends  in  view,  had  become  widespread.  It 
is  hard  to  draw  the  party  lines  in  the  struggle  which  evidently  took 
place  over  this  legislation.  The  information  to  be  had  is  very  meager. 
There  were  several  elements  of  antagonism  but  in  all  the  spirit  was  the 
same.  It  was  the  warfare  between  the  principle  of  authority  and  the 
principle  of  freedom.  The  new  state  idea  opposed  the  old  church 
idea.  The  country  districts  opposed  a  monopoly  by  the  city  of  educa- 
tional advantages.  The  power  of  British  sympathy  was  strong,  and 
met  by  the  growing  sympathy  with  France.  Against  the  innovation  of 
a  state  system  which  might  diminish  the  importance  of  the  old  college,, 
that  corporation,  strongly  intrenched  in  the  places  of  power,  raised  a 
determined  front.  But  the  contention  was  not  crystaHzed.  A  man 
like  Governor  Clinton  or  Mayor  Duane  would  be  in  sympathy  both 
with  the  state  movement  and  the  college  movement.  Alexander  Hamil- 
ton would  protest  vigorously  against  religious  tests  and  church  domi- 
nation, yet  he  would  rather  have  centralization  in  the  hands  of  the  old 
corporation  than  a  new  state  university  governed  by  the  counties ;  and 
his  sympathies  were  English  and  aristocratic  rather  than  French  and 


HISTORY   AND   ORGANIZATION  223 

democratic.  In  the  main,  of  course,  the  tendency  would  be  to  a  fusion 
of  the  church  party,  the  college  party  and  the  aristocratic  or  English 
party  on  the  one  hand;  and  of  the  state  party,  the  equal  rights 
or  popular  party  and  the  French  party  on  the  other.  And  the 
conservative  elements  were  largely  successful  in  the  legislation  of  1784. 
As  the  University  was  constituted  by  the  act  of  May  i,  1784,  and  the 
amendment  of  November  26,  1784,  a  body  of  men  who  were  virtually 
trustees  of  Columbia  college  were  made  autocrats  in  the  whole  educa- 
tional system  of  the  state,  while  the  funds  that  had  belonged  to  the  old 
college  were  restricted  to  the  needs  of  the  new  college,  and  not  of  the 
University  as  a  whole.  The  very  title  of  the  act  shows  the  predomi- 
nance of  Columbia.  The  petsonnel  of  the  board  points  the  same  way. 
The  desire  of  Columbia  college  to  become  the  "  mother  of  a  univer- 
sity "  was  thus  gratified  by  a  legislative  license. 

Act  of  May  l,  1784.'  i  "All  the  rights,  privileges  and  immuni- 
ties "  of  the  old  corporation  of  King's  college  were  vested  in  "  The 
regents  of  the  University  of  the  State  of  New  York." 

2  The  regents  are  divided  into  five  classes : 

a  Perpetual  regents  or  regents  ex  officio,  namely,  the  governor,  lieu- 
tenant-governor, president  of  the  senate,  speaker  of  the  assembly,  mayor 
of  New  York,  mayor  of  Albany,  attorney-general,  and  secretary  of  state. 

b  County  regents.  There  were  12  counties  in  the  state,  and  two 
regents  from  each  county  were  appointed- 

c  Clerical  regents.  ''  The  clergy  of  the  respective  religious  denomi- 
nations in  this  state  "  were  to  choose  "  one  of  their  body  to  be  a  regent 
in  the  said  University;  and  in  case  of  death  or  resignation,  to  choose 
and  appoint  another  in  the  same  manner."  This  language  leaving  it 
doubtful  whether  each  denomination  was  to  have  a  representative  upon 
the  board  of  regents,  or  all  the  denominations  collectively  were  to  have 
but  one,  the  amendatory  act  of  November  26,  1784,  provided  that 
" the  clergy  of  each  respective  religious  denomination"  should  "elect 
one  of  each  of  their  respective  bodies.'^ 

d  Founder's  regents.  Provision  was  made  for  the  admission  into 
the  University,  upon  the  application  of  the  founder,  of  any  college  or 
school  "  founded  by  "  any  person  or  persons,  or  any  body  politic  or 
corporate,"  and  by  them  endowed  "with  an  estate  real  or  personal,  of 
the  yearly  value  of  1000  bushels  of  wheat."  Upon  admission,  the  en- 
dowment was  to  be  vested  in  the  regents  and  "  applied  according  to  the 
intention  of  the  donor,"  and  the  founders  and  their  heirs  or  successors 
were  to  be  entitled  forever  to  send  a  representative,  "who,  together 
with  the  president,  (if  the  estate  is  applied  to  the  use  of  the  college)," 
should  be  regents. 

'  Laws,  7th  session,  ch.  51;  Pratt's  Annals  {see  Conv.  proc.  1S75,  p.  203). 


224  UNIVERSITY   OF  THE   STATE   OF   NEW   YORK 

e  College  representative  regents.  The  fellows,  professors  and  tutors 
of  the  respective  colleges  were  made  "  regents  of  the  said  University, 
ex  officio,  and  capable  of  voting  in  every  case  relative  only  to  the 
respective  college  to  which  they  shall  belong,  excepting  in  such 
cases  wherein  they  shall  respectively  be  personally  concerned  or  in- 
terested." 

3  The  succession  of  regents  was  to  be  kept  up  by  appointment  "  by 
the  governor,  by  and  with  the  advice  and  consent  of  the  council  of  ap- 
pointment," in  such  manner  as  to  keep  up  the  representation  of  coun- 
ties. This  applied  only  to  the  county  regents.  The  manner  of  suc- 
cession in  the  other  classes  has  been  already  given. 

4  The  regents  were  to  elect  their  own  officers,  namely:  chancellor, 
vice-chancellor,  treasurer  and  secretary. 

5  "The  regents  of  the  said  University,  or  a  majority  of  them,"  were 
empowered  "  to  make  ordinances  and  by-laws  for  the  government  of  the 
several  colleges  which  may  or  shall  compose  the  said  University."  This 
power  included  the  appointment  and  removal  of  presidents,  professors, 
tutors,  fellows,  pupils  and  servants  of  the  colleges,  the  fixing  of  salaries 
of  officers  and  servants,  and  the  management  of  the  estates  of  the  col- 
leges.    There  were  some  limitations  upon  the  exercise  of  these  powers: 

a  "  No  professor  shall  be  in  any  wise  whatsoever  accounted  ineligible, 
for  or  by  reason  of  any  religious  tenet  or  tenets,  that  he  may  or  shall 
profess,  or  be  compelled  by  any  by-law  or  otherwise  to  take  any  re- 
ligious test-oath  whatsoever." 

b  The  property  vested  in  the  regents  which  had  belonged  to  King's 
college,  was  to  be  "applied  solely  to  the  use  of  the  said  college,"  now 
first  called  Columbia  college.  All  property  vested  in  the  regents  subject 
to  a  particular  use  was  to  be  applied  strictly  according  to  such  use. 

6  The  regents  were  empowered  to  hold  "  estates  real  and  personal  to 
the  annual  amount  of  40,000  bushels  of  wheat "  to  use  for  the  general 
objects  of  the  University,  namely,  "  the  further  promotion  of  learning 
and  the  extension  of  literature." 

7  The  regents  were  "empowered  to  found  schools  and  colleges  in 
any  part  of  this  state,"  and  to  endow  them,  "every  such  school  or  col- 
lege being  at  all  times  to  be  deemed  a  part  of  the  University  and  as 
such  subject  to  the  control  and  direction  of  the  said  regents,"  and  to 
their  visitation. 

8  The  degree  of  "Bachelor  of  arts"  was  to  be  granted  by  the 
presidents  of  the  respective  colleges,  but  to  the  regents  was  given  the 
power  "to  grant  to  any  of  the  students  of  the  said  University,  or  to 
any  person  or  persons  thought  worthy  thereof,  all  such  degrees  as  well 
in  divinity,  philosophy,  civil  and  municipal  laws,  as  in  every  other  art, 
science  and  faculty  whatsoever,  as  are  or  may  be  conferred  by  all  or 
any  of  the  universities  in  Europe." 


HISTORY   AND   ORGANIZATION  225 

9  *'Any  religious  body  or  society  of  men"  was  allowed  to  endow  a 
professorship  in  divinity  in  the  University. 

10  ''Nothing  in  this  act  contained,  shall  be  construed  to  deprive 
any  person  or  persons  of  the  right  to  erect  such  schools  or  colleges  as 
to  him  or  them  may  seem  proper,  independent  of  the  said  University." 

Amendatory  act  of  November  26,  1784.'  The  act  of  May  i 
was  evidently  not  satisfactory  to  the  Columbia  men.  The  board  of 
regents  were  powerful,  but  that  power  was  dangerous  unless  it  could  be 
controlled  by  Columbia  influence.  As  the  board  was  constituted,  the 
college  had  secured  a  meager  representation.  Of  the  eight  "per- 
petual regents,"  four,  namely,  Governor  Clinton,  Mayor  Duane,  Attor- 
ney-general Benson  and  Secretary  Scott  were  former  governors  of  the 
college  and  signers  of  the  petition.  The  provision  for  college  repre- 
sentation in  the  board  of  regents  by  the.  presidents,  fellows,  professors 
and  tutors  would  secure  control  to  Columbia  only  so  long  as  Columbia 
men  outnumbered  the  others,  and  these  college  representatives  could 
vote  only  in  matters  pertaining  to  the  college. 

Of  the  24  county  regents,  two  only,  Henry  B.  Livingston  and  Robert 
Harpur,  representatives  of  New  York  city  and  county  were  to  be  relied 
on  as  Columbia  men.  It  took  a  majority  of  the  regents  to  make  a 
quorum.  Upon  such  a  basis  Columbia  had  small  chance  to  rule  even 
in  the  conduct  of  her  own  affairs.  The  very  appointment  of  her  own 
professors  would  be  in  the  hands  largely  of  the  county  members  of  the 
board,  and  the  records  of  the  regents  show  that  few  professors  were 
elected  till,  by  the  amendment  in  the  act  of  November  26,  1784,  Co- 
lumbia had  packed  the  board  with  her  own  men.  The  clergy  too 
were  dissatisfied  with  the  ambiguity  of  the  law  as  to  their  representa- 
tion.    A  movement  for  a  change  in  the  law  was  soon  begun. 

The  regents  immediately  organized.  Almost  their  only  task  was  the 
care  of  Columbia  college.  They  arranged  for  courses  of  instruction, 
took  charge  of  the  finances  of  the  college,  made  some  attempts  to  pro- 
cure professors  and  admitted  a  few  students,  first  among  whom  was  De 
Witt  Clinton,  nephew  of  Governor  Clinton,  and  afterward  himself  gov- 
ernor of  the  state.  The  regents  captured  young  Clinton  as  he  was  on 
his  way  to  enter  Princeton. 

liut  the  business  dragged.  It  was  hard  to  get  a  quorum,  so  many  of 
the  members  lived  in  the  country  counties.  Governor  Clinton,  in  his 
message  to  the  legislature  which  convened  in  October,  recommended 
an  amendment.  The  matter  was  immediately  taken  up  by  the  assem- 
bly and  a  bill  reported  by  a  committee  of  three,  who  were  regents. 
They  were  all  from  outside  counties  however,  and  from  the  fact  that  the 
bill  never  went  beyond  the  committee  of  the  whole,  it  seems  probable 

'  Laws  of  1784  ;  Pratt's  Annals  {see  Conv.  proc.  1875,  p.  221), 
29 


226  UNIVERSITY   OF  THE   STATE   OF   NEW   YORK 

that  it  was  not  satisfactory  to  the  Columbia  men.  This  conjecture  is 
further  supported  by  the  fact  that  Mr  Uuane  in  the  senate,  as  he  had 
done  in  case  of  the  original  act,  brought  in  a  bill  to  amend  this  act, 
which  bill  was  supported  by  a  "  representation  for  the  present  condition 
of  Columbia  college.'" 

In  the  debate  upon  this  bill  it  was  proposed  that  2552  pounds  should 
be  advanced  by  the  state  to  the  regents  for  the  use  of  Columbia  college. 
This  was  opposed  by  Mr  Yates,  a  country  member,  who  proposed  1000 
pounds  instead,  and  upon  the  failure  of  Mr  Yates'  proposition,  another 
country  member  moved  that  an  advance  of  funds  be  made  by  the  state 
to  "  trustees  of  different  congregations  on  the  frontiers  of  the  state,  to 
enable  them  tp  rebuild  their  churches  and  for  the  establishment  of 
schools  among  them."  It  was  clear  that  Columbia  grasped  too  much 
to  suit  the  country  members.  The  assembly  concurred  in  the  bill  with 
some  amendments.     The  bill  finally  passed  November  26,  1784. 

This  amendatory  act  has  its  chief  significance  in  the  personnel  of  the 
new  regents  appointed  by  it.  Thirty  three  additional  regents  were  ap- 
pointed. Of  these,  20  were  from  New  York  city.  The  remaining  13 
were  scattered  throughout  the  other  counties.  The  draft  of  this  bill, 
which  was  moved  by  Mr  Duane,  had  proposed  only  the  20  New  York 
members.  Doubtless  the  13  country  members  were  put  in  to  quiet  the 
opposition  of  the  popular  party.  These  20  men  from  New  York  were 
John  Jay,  Samuel  Prevost,  John  H.  Livingston,  John  Rodgers,  John 
Mason,  John  Ganoe,  John  Daniel  Gros,  Johann  Ch.  Kunze,  Joseph  De 
la  Plain,  Gershom  Seixas,  Alexander  Hamilton,  John  Lawrence,  John 
Rutherford,  Morgan  Lewis,  Leonard  Lispenard,  John  Cochran,  Charles 
McKnight,  Thomas  Jones,  Malachi  Treat  and  Nicholas  Romain. 

They  were  all  good  Columbia  men.  Four  of  them  had  signed  the 
petition  spoken  of  above,  as  governors  of  King's  college.  John  Jay  was 
a  graduate  of  Columbia,  and  Alexander  Hamilton  had  been  a  student 
there.  Six  or  more  of  them  were  shortly  afterwards  elected  professors 
in  the  college,  and  when  the  act  of  1787  gave  Columbia  a  separate 
board  of  trustees,  all  of  these  20  men  were  made  such  trustees,  ex- 
cept John  Jay  and  John  Rodgers,  who  remained  regents.  This  amend- 
ment, therefore,  destroyed  the  former  equality  of  county  representation, 
in  the  board  of  regents.  There  were  henceforth  57  county  regents 
instead  of  24.  Of  these  57,  New  York  had  22,  Albany  had  five,  and  each 
of  the  10  other  counties  had  three. 

The  amendment  further  provided  that  the  chancellor,  vice-chancellor, 
or  senior  regent  in  appointment,  could  call  a  meeting  with  only  eight 
other  members.  Nine  members  were  thus  made  a  quorum  instead  of 
the    majority    formerly    required.     The    popular  party,  however,   suc- 

'  Sen,  jour,  Nov.  19,  1874  ;  Pratt's  Annals  {see  Conv.  proc.  X875,  p.  218). 


HISTORY  AND   ORGANIZATION  22/ 

ceeded  in  getting  in  a  proviso  that  a  meeting  to  be  legal  must  be 
announced  in  a  newspaper  for  at  least  two  weeks  previously. 

The  amendment  in  regard  to  the  representation  of  the  clergy  has 
been  already  noticed. 

It  was  provided  that  the  regents  should  meet  annually  at  the  same 
time  and  place  with  the  legislature,  and  "  that  at  every  such  meeting 
the  acts  and  proceedings  of  the  regents  of  the  said  University  shall  be  re- 
ported and  examined."  This  language  is  somewhat  ambiguous,  but  it 
does  not  seem  to  have  been  intended  that  the  regents  should  report  to 
the  legislature.  The  first  report  to  the  legislature,  of  which  any  evi- 
dence appears,  is  after  the  new  law  of  1787. 

The  legislation  a  compromise  of  parties,  i  The  college  or 
corporation  party  accomplished  the  following  results  in  this  legislation 
of  1784: 

a  "  An  act  for  establishing  an  University  within  this  state  "  became 
"  An  act  for  granting  certain  privileges  to  the  college  heretofore  called 
King's  college  for  altering  the  name  and  charter  thereof,  and  erecting 
an  University  within  this  state." 

The  arrangement  of  the  provisions  of  the  act  as  well  as  the  provisions 
themselves  show  that,  as  indicated  by  the  change  of  title,  the  college 
party  made  this  act,  as  amended,  a  measure  primarily  for  the  benefit  of 
the  college  and  secondarily  only  for  the  benefit  of  the  state  as  a  whole. 
The  college  was  to  be  the  source  of  learning  for  the  whole  state.  It  is 
even  made  to  appear,  by  the  following  extract  from  the  preamble  to  the 
bill,  that  the  movement  for  a  University  was  started  by  the  college. 
These  are  the  words  :  "  And  whereas  the  remaining  governors  of  the 
said  college,  desirous  to  render  the  same  extensively  useful,  have  prayed, 
that  the  said  college  may  be  erected  into  a  University,  and  that 
such  other  alterations  may  be  made  in  the  charter,  or  letter  of  incor- 
poration above  recited,  as  may  render  them  morfe  conformable  to  the 
liberal  principles  of  the  constitution  of  this  state ;  be  it  therefore 
enacted,  etc."  The  fact,  however,  was  that  the  movement  for  a  Univer- 
sity began  before  any  action  by  the  college. 

b  The  form  of  a  corporation  similar  to  that  of  King's  college  was  re- 
tained, with  added  powers.  In  the  charter  of  King's  college  the 
chief  state  officers  were  governors,  ex  officio,  of  the  corporation,  as  by 
this  law  they  were  made  "perpetual  regents." 

This  single  board  of  regents  were  virtually  trustees  of  all  the  colleges 
in  the  state  ;  charged  with  the  whole  administration  and  discipline  of 
these  colleges.  This  would  give  Columbia  autocratic  control  of  the 
whole  state  system,  if  they  could  secure  control  of  the  board  of  regents. 
c  By  the  amendatory  act  of  November,  Columbia  succeeded  in  ob- 
taining this  control  of  the  board.     Columbia  had  at  least  22  men  on  the 


228  UNIVERSITY   OF   THE   STATE   OF   NEW   YORK 

board,  all  residents  of  New  York  city,  and  therefore  easily  convened, 
while  only  nine  members  were  necessary  for  a  quorum. 

Further,  the  provision  that  new  county  regents  were  to  be  appointed 
by  the  governor  and  council  of  appointment  was  an  aristocratic  measure 
that  might  easily  be  of  aid  to  Columbia,  especially  since  the  seat  of  the 
state  government  was  at  New  York,  and  the  college  could  always  hope 
to  exercise  a  strong  social  influence  there. 

d  The  property  which  had  belonged  to  King's  college  was  still  kept 
for  the  use  of  that  institution,  and  the  sum  of  2552  pounds  was  ad- 
vanced by  the  state  to  the  regents  for  the  use  of  the  college. 

2  The  church  influence  was  greatly  weakened. 

a  The  churches  lost  the  ex  officio  regents  which,  in  the  original  draft,' 
it  was  proposed  to  give  them,  following  the  analogy  of  the  ex  officio  cleri- 
cal representation  in  the  board  of  governors  of  King's  college.  They 
gained  a  full  equivalent  for  this  loss  however,  in  the  provision  for  an 
elective  clerical  representation.  This  was  a  liberal  advance  inasmuch 
as  any  sect  could  now  be  represented. 

b  In  the  provision  against  test-oaths  for  professors  a  great  blow  was 
struck  at  clerical  domination. 

c  The  full  freedom  to  all  denominations  to  establish  professorships 
in  divinity  marks  the  triumph  of  liberal  principles. 

3  The  party  which  might  be  called  the  state  University  party  or  the 
popular  party  secured  some  considerable  gains. 

a  They  added  the  mayor  of  Albany  to  the  ex  officio  regents  and  se- 
cured increased  county  representation  on  the  board. 

b  The  succession  of  the  county  members  was  put  indirectly  in  the 
hands  of  the  people,  and  was  made  a  state  matter. 

c  They  abolished  religious  tests. 

d  They  had  given  form,  however  imperfectly,  to  the  new  idea  of  state 
control  in  education.  They  had  created  an  organization,  which  in 
some  measure  was  vitalized  by  the  life  of  the  state,  and  which  brought 
the  power  of  the  people  in  their  political  capacity  to  bear  upon  the  in- 
struction of  the  young.  Conservatism  and  the  power  of  corporate 
interests  were  still  too  great  to  allow  thoroughgoing  change ;  but  the 
change  was  radical  so  far  as  it  went.  Further  change  was  inevitable 
and  not  long  delayed. 

LEGISLATION  OF  1787 

Predominance  of  Columbia  college.  Columbia  had  captured 
the  board  of  regents  and  for  three  years  controlled  their  action.  In 
the  amendment  of  November,  1784,  it  was  provided  that  the  next  meet- 
ing of  the  regents  should  follow  directly  upon  the   rising  of  the  legis- 

'N.  Y.  leg.  papers,  (ms)  no.  274;  Pratt's  Annals  (j-ivConv.  proc.  1875,  P'  204). 


HISTORY   AND   ORGANIZATION  229 

lature,  without  the  necessity  of  a  published  notice.  It  resulted  from 
this,  that  four  days  after  the  passing  of  the  bill  there  was  a  meeting  at 
which  only  Columbia  men  were  present.  Before  the  amendment  of 
November,  it  was  very  hard  to  get  a  quorum  for  any  purpose.  There 
was  only  one  regular  meeting  of  the  board  from  May  to  November, 
1784.  At  this  meeting,  officers  were  elected  and  committees  appointed 
and  these  carried  on  the  work  of  the  regents.'  The  organization  of 
work  in  the  college  was  naturally  the  most  urgent  business  of  the  board 
and  the  friends  of  Columbia  felt  especially.hampered.  It  was  not  sur- 
prising that  they  sought  a  reorganization  of  the  board.  It  is  chiefly 
the  fact  of  their  packing  the  board  with  Columbia  men  which  shows 
the  partisan  animus  of  the  change.  In  reading  the  minutes  of  the 
meetings  of  the  regents  and  their  committees,  both  before  and  after  the 
amendatory  law  of  November,  1784,  one  can  not  escape  the  conviction 
that  the  activity  of  the  board  was  narrow  and  directed  almost  exclu- 
sively to  the  interests  of  the  college.  The  only  action  taken  before 
November  looking  toward  a  broader  conception  of  their  duty  was  the 
sending  of  one  of  the  regents,  Col.  Clarkson  of  King's  county,  to  France 
and  the  Netherlands,  "  in  order  to  solicit  and  receive  benefactions  for 
the  use  of  the  said  University." '  And  Col.  Clarkson  was  also  engaged 
with  the  mission  of  purchasing  "such  a  philosophical  apparatus  for 
Columbia  college  as  Dr  Franklin,  Mr  Adams  and  Mr  Jefferson,  minis- 
ters of  the  United  States,  will  advise,  and  his  collections  will  admit." 
This  last  clause  gives  away  the  whole  scheme.  The  money  was  to  be 
raised  "  for  the  use  of  said  University,"  but  that  use  was  to  get  a  work- 
ing plant  for  Columbia.  They  also  attempted  to  get  up  a  correspond- 
ence with  certain  gentlemen  in  Ireland  with  a  view  to  raise  subscriptions 
there,  "  for  the  use  of  the  University  of  this  state."  It  is  not  recorded 
that  any  Irish  money  found  its  way  to  New  York.  Perhaps  even  at 
that  time  the  current  of  subscriptions  flowed  the  other  way. 

After  the  amendment  of  November,  few  of  the  non-Columbia  men 
attended,  and  they  but  rarely.  Until  the  next  annual  meeting,  no  notice 
of  meetings  was  necessary,  and  the  outside  members  were  evidently 
discouraged.  Nearly  half  the  board  were  Columbia  men.  They  lived 
at  New  York  and  it  was  almost  impossible  for  enough  state  men  to  at- 
tend, to  show  much  strength  against  the  college  influence.  The  great 
state  system  of  education  which  had  been  projected,  threatened  to  be- 
come only  a  revival  of  the  metropolitan  college.  The  work,  narrow  as 
it  was,  was  vigorously  pushed.  The  finances  of  the  college  were  in- 
vestigated, professors  were  elected,  largely  from  among  the  new  members 


'  Minutes  of  the  regents  from  1784  to  1787.  These  are  kept  among  the  records 
of  Columbia  college.  They  were  printed  in  Pratt's  Annals  (.f<v  Conv.  proc.  1875, 
p.  209-62). 

'^  Regents'  minutes,  June  4,  1784  (see  Conv.  proc.  1875,  p.  214). 


230 


UNIVERSITY   OF  THE   STATE  OF  NEW  YORK 


of  the  board,  and  an  elaborate  plan  of  education  was  prepared  by  an 
able  committee,  two  members  of  which  were  Mr  Duane  and  Alexander 
Hamilton.'  Every  thing  possible  was  done  to  put  the  college  upon  a 
firm  foundation  and  make  it  a  strong  and  worthy  institution.  But  for 
a  long  time  nothing  was  done  looking  to  the  establishment  of  a  broader 
system.  The  state  was  ignored,  except  as  Columbia  might  furnish  the 
higher  education  needed  in  the  state.  The  aristocratic  feeling  was  still 
dominant,  as  might  have  been  expected  in  a  body  containing  such  men 
as  Hamilton,  Duane  and  Jay,  of  avowed  British  sympathies,  and  many 
others  interested  chiefly  in  the  maintenance  of  the  prestige  of  the  old 
corporation.  With  the  meeting  of  the  legislature,  however,  early  in 
1785,  many  country  members  of  the  board  came  in.  Their  presence 
was  recognized  at  the  meeting  on  February  15,  1785,  by  the  appoint- 
ment of  Ezra  L'Hommedieu  upon  a  committee  "directed  to  inquire  for 
a  fit  person  to  fill  the  offices  of  president,  professor  of  moral  philosophy 
and  mathematics  in  Columbia  college."  Hamilton  and  Duane,  together 
with  four  others  besides  L'Hommedieu,  were  members  of  this  committee 
who  were  also  to  devise  means  of  raising  a  salary  for  the  president.*  Mr 
L'Hommedieu  was  a  member  of  the  original  board  of  regents  from 
Suffolk  county,  and  was  to  all  appearance  the  leader  of  the  popular 
party.  There  has  arisen  a  controversy  as  to  whether  Hamilton  or 
L'Hommedieu  was  the  author  of  the  act  of  1787.  This  matter  will  be 
discussed  later  on. 

The  board  did  not  meet  again  until  the  4th  of  April.  The  above 
committee  reported.  Neither  Hamilton  nor  L'Hommedieu  was  present. 
The  report  recommended  an  address  to  the  public,  to  solicit  voluntary 
subscriptions  to  enable  the  college  to  carry  out  its  plans,  and  "  that 
proper  persons  in  each  county  throughout  the  state  be  applied  to  and 
requested  personally  to  solicit  subscriptions  for  this  purpose  and  that 
an  application  be  made  to  the  legislature  to  grant  them  an  aid  by  a  tax 
on  marriage  licenses  or  any  other  mode  they  may  think  proper.'"  The 
thought  of  the  Columbia  men  may  have  been  right,  that  the  revival  of 
the  college  was  the  one  thing  needful  at  that  time  for  the  state,  but 
there  was  a  different  feeling  elsewhere. 

Opposition  to  the  Columbia  monopoly.  We  have  already  seen 
the  opposition,  from  the  country  members  of  the  legislature,  to  an  ad- 
vance of  state  funds  to  the  college.  There  are  other  indications  of 
dissatisfaction.  On  February  25,  1785,  Aaron  Burr  in  the  assembly 
brought  in  a  bill  entitled,  "An  act  for  the  encouragement  of  literature.'" 
Although  this  bill  never  got  beyond  the  second  reading,  it  goes  to  show 

'  Regents'  minutes,  Dec.  9  and  14,  1784  (see  Conv.  proc.  1875,  p.  225). 

2  Regents'  minutes,  Feb.  15,  1785  {see  Conv.  proc.  1875,  p.  233). 

3  Regents'  minutes,  Apr.  4,  1785  {see  Conv.  proc.  1875,  p.  236). 

4  Assembly  jour.  1785,  p.  52. 


HISTORY  AND   ORGANIZATION  23  I 

that  the  need  of  further  effort  for  the  advancement  of  learning  was 
recognized.  It  was  expressly  admitted  by  a  committee  of  the  regents 
themselves,  which  we  shall  presently  notice  more  fully,  that  the  act  of 
November,  1784,  "placing  the  rights  of  every  college  in  the  hands  of  a 
few  individuals,"  "  excited  jealousy  and  dissatisfaction  when  the  inter- 
ests of  literature  require  that  all  should  be  united.'"  At  the  next  annual 
meeting,*  when  several  country  members  were  present,  an  important 
step  was  taken.  A  committee  was  appointed,  "  To  consider  of  ways 
and  means  of  promoting  literature  throughout  the  state."  The  mem- 
bers of  the  committee  were  Dr  Livingston,  Dr  Rogers,  Mr  Mason,  Gen. 
Schuyler,''  Mr  Peter  W.  Yates,  Brockholst  Livingston,  Gen.  Morris,  Mr 
Wisner,  Mr  Haring,  James  Livingston,  Mr  John,  Mr  Dongan,  Mr 
Clarkson,  Mr  Townsend,  Mr  L'Hommedieu  and  Mr  Williams. 

The  committee  represented  in  its  membership  the  different  districts 
of  the  state.  It  was  appointed  upon  motion  of  Dr  Livingston,  himself 
a  professor  in  Columbia.  It  can  not  be  determined  whether  this  move 
was  made  to  quiet  the  popular  party  with  a  show  of  activity  in  the 
interest  of  the  state  at  large,  or  whether  it  was  a  genuine  endeavor  to 
broaden  the  scope  of  the  work  done  by  the  regents.  Whatever  the 
motive,  nothing  seems  to  have  been  done  by  the  committee.  The  non- 
Columbia  men  were  greatly  in  the  majority  in  this  committee,  and  their 
failure  to  see  this  opportunity,  ac  least  to  propose  some  plan  to  make 
the  University  a  reality,  can  not  be  well  explained.  Lack  of  unity 
among  so  large  a  committee  would  be  a  plausible  suggestion.  At  any 
rate  they  accomplished  nothing,  and  the  board  went  on  in  its  old  way 
regulating  the  affairs  of  the  college. 

Another  matter  merits  notice,  before  taking  up  the  work  accomplished 
in  1787.  In  the  senate  on  March  15,  1786,  "A  memorial  of  Andrew 
Law  of  the  city  of  New  York,  praying  for  an  exclusive  right  of  printing 
sundry  new  tunes  of  psalmody,  was  read  and  committed  to  Mr  Stouten- 
burgh,  Mr  Williams  and  Mr  L'Hommedieu."^  They  brought  in  a  bill, 
entitled  "  An  act  granting  to  authors  of  literary  performances  the  ex- 
clusive right  of  printing  and  vending  their  works."  This  bill,  after 
various  amendments  in  senate  and  assembly,''  was  finally  passed  under 
the  title  "An  act  to  promote  literature."® 

It  is  in  effect  a  copyright  law,  but  has  a  "  rider,"  permitting  the 
Reformed  protestant  Dutch  church  of  Flatbush,  King's  county,  to  sell 

'  Regents'  minutes,  Feb.  16,  1787  (see  Conv.  proc.  1875,  p.  253), 
*  Regents'  minutes.  Feb.  28,  1786  {see  Conv.  proc.  1S75,  p.  243). 
8 Gen.  Schuyler   was  not  appointed  regent  until  1787.      In  what  capacity  he 
acted  here  is  not  known. 

•»  Senate  jour.  1786,  Mar.  15. 

"Assembly  jour.  1786,  p.  132-67  ;  Senate  jour.  1786,  p.  77. 

6  Laws  1786,  ch.  54. 


232  UNIVERSITY  OF  THE   STATE   OF  NEW  YORK 

certain  lands  "  for  the  express  purpose  of  erecting  an  academy  in  the 
said  county."  This  was  the  beginning  of  Erasmus  hall,  the  first 
academy  incorporated  by  the  regents.  It  is  important  as  showing  how, 
outside  of  the  board  of  regents,  independent  efforts  were  being  made 
to  promote  education.  It  also  identifies  Mr  L'Hommedieu  with  the 
academy  movement.  It  was  this  activity  for  academies  outside  of  New 
York  city  that  first  made  head  against  the  predominance  of  Columbia? 
and  from  the  beginning  Mr  L'Hommedieu  was  the  foremost  champion 
of  these  academies. 

Struggle  over  the  new  law.  From  April  24,  1786,  until  Jan- 
uary 31,  1787,  the  regents  did  not  meet.  It  is  evident  from  the 
facts  recited  above  that,  outside  of  the  circle  of  the  friends  of  Columbia 
college,  there  was  dissatisfaction  with  the  neglect  by  the  regents  of  the 
general  educational  interests  of  the  state.  The  annual  meeting,  which 
was  always  held  during  the  session  of  the  legislature,  was  near  and  at 
this  meeting  many  of  the  country  members  of  the  regents  might  be  ex- 
pected to  attend.  Columbia  men  seem  either  to  have  become  dissatis- 
fied with  the  present  arrangements  for  the  government  of  their  college, 
or  to  have  feared  a  legislative  attempt  at  reconstruction  in  the  interests 
of  the  state  at  large  which  might  work  injury  to  the  college.  This 
meeting  of  January  31,  was  of  Columbia  men,  almost  exclusively.  A 
committee  was  appointed  which  shows  that  they  recognized  that  the 
objects  of  the  University  had  not  been  attained,  and  that  there  was 
need  of  prompt  action  to  guard  the  interests  of  the  college  in  any 
change  which  might  be  made.  The  record  runs: — '^Resolved,  That  a 
committee  be  appointed  to  take  into  consideration  the  present  state  of 
the  University  and  to  report  as  soon  as  possible  the  measures  necessary 
to  be  adopted  to  carry  into  effect  the  views  of  the  legislature  with 
respect  to  the  same  and  particularly  with  respect  to  Columbia  college, 
and  that  Mr  Mayor,'  Mr  Jay,  Dr  Rogers,  Dr  Mason,  Dr  Livingston, 
Gen.  Clarkson,  Mr  Gros,  and  Mr  Hamilton  be  a  committee  for  that 
purpose.  "- 

In  the  evening  of  February  8,  there  was  another  meeting  at  which 
the  only  action  taken  was  to  hear  the  report  of  this  committee.  Dr 
Rogers  reported  progress  and  asked  leave  to  sit  again.  This  was 
granted  and  they  adjourned  to  meet  on  the  evening  of  February  15. 
On  this  very  day,  February  8,  another  movement  for  the  establishment 
of  an  academy  was  begun  in  the  senate.  It  was  a  petition  of  Samuel 
Buell,  who  was  a  regent,  Nathaniel  Gardiner,  and  David  Mulford  "  in 
behalf  of  themselves   and   others,   founders   of  an   academy  at   East 

'  Mr  Duane. 

'Regents'  minutes,  Jan.  31,  1787  {see  Conv.  pioc.  1875,  p.  250-51,  Pratt's 
Annals). 


HISTORY   AND    ORGANIZATION  233 

Hampton,  in  Suffolk  county."'  This  was  in  L'Hommedieu's  own 
county,  and  the  matter  was  referred  to  him  with  three  other  senators 
from  the  southern  district,  Tredwell,  Stoutenburgh  and  Vanderbilt. 
Vanderbilt  was  also  a  regent.  L'Hommedieu  and  Stoutenburgh  had 
been  instrumental  in  passing  the  "Act  to  promote  literature"  described 
above,  which  also  provided  for  the  establishment  of  an  academy  at 
Flatbush  in  King's  county,  likewise  in  the  southern  district.  Mr  Wil- 
liams, who  was  a  regent,  had  also  been  associated  with  L'Hommedieu 
and  Stoutenburgh  in  the  matter  of  the  Flatbush  academy,  and  he  be- 
comes prominent  afterwards  in  association  with  L'Hommedieu  in  the 
struggle  over  the  reorganization  of  the  University.  The  East  Hampton 
academy  spoken  of  in  the  above  petition  was  the  second  academy  in- 
corporated by  the  regents  after  their  reorganization,  and  was  called 
Clinton  academy. 

Attempt  of  Columbia  to  reorganize  the  University.  The 
lines  of  opposing  parties  in  the  struggle  can  now  be  indicated  with 
some  certainty.  At  the  convening  of  the  legislature  in  1787,  the  friends 
of  Columbia  in  the  board  of  regents  appointed  a  committee,  upon 
which  were  James  Duane,  John  Jay  and  Alexander  Hamilton,  to  de- 
vise means  to  make  effectual  the  intention  of  the  legislature  in  the  acts 
of  1784,  "particularly  with  respect  to  Columbia  college."  There  were 
no  greater  names  in  the  state  than  these  three  names.  Duane  and  Jay, 
particularly  the  latter,  had  been  the  formers  of  the  state  constitution  of 
1777.  In  this  constitution  and  in  their  earlier  work  in  the  continental 
congress  they  had  shown  themselves  slow  to  break  with  Great  Britain, 
conservative  in  temper,  and  aristocratic  in  sentiment.  With  Hamilton 
they  were  at  this  time  stemming  the  tide  of  popular  indignation  against 
the  tories.  They  were  all,  by  nature  and  legal  training,  conservative 
and  aristocratic.  They  were  Columbia  men  and  would  be  apt  to  think 
first  of  the  college  in  any  system  of  instruction.  But  they  were  also 
public-spirited  and  broad-minded  men  and  had  the  interests  of  the 
people  at  heart.  They  were  admirably  fitted  for  the  work  of  construc- 
tive statesmanship,  and  the  revolution  had  given  them  more  liberal  and 
progressive  ideas.  However,  they  were  not  truly  democratic  in  spirit. 
A  system  of  education  in  which  the  power  should  move  from  the  col- 
lege center  at  New  York,  outward  to  the  state,  would  be  more  congenial 
to  them  than  a  system  in  which  the  power  should  move  directly  from 
the  people.  Hamilton  was  a  member  of  the  assembly,  where,  during 
these  very  months  he  led  a  gallant  fight  against  Governor  Clinton  upon 
the  subject  of  granting  the  federal  congress  a  permanent  revenue, 
Hamilton  exerted  every  power  to  induce  this  concession  to  the  central 
government ;  but  failed.  He  succeeded  however  in  securing  the  ap- 
pointment of  delegates  from  New  York  to  the  constitutional  convention 
'  Senate  jour.  Feb.  8,  1787. 
30 


234  UNIVERSITY  OF  THE   STATE   OF  NEW   YORK 

which  met  in  May,  1787.     Robert  Yates  and  John  Lansing,  jr  were 
Hamilton's  colleagues  upon  this  delegation. 

These  men  were  strong  partisans  of  the  governor,  and  Lansing,  also 
a  member  of  the  assembly,  opposed  Hamilton  upon  educational  as  well 
as  political  matters.  The  opposition  of  Clinton,  Yates  and  Lansing  to 
Hamilton  in  regard  to  the  ratification  of  the  federal  constitution  need 
not  be  recounted  liere.  In  that  famous  struggle,  Duane  and  Jay  and 
Hamilton  acted  as  a  unit.  But  Hamilton's  views  were  known  to  favor 
a  far  greater  degree  of  centralization  than  that  in  the  constitution,  while 
Duane  and  Jay  were  not  so  extreme  in  their  distrust  of  popular  power. 
Hamilton  had  been  earnest  in  his  attention  to  the  interests  of  Columbia 
since  his  appointment  as  a  regent,  serving  on  very  many  of  the  impor- 
tant committees  and  frequently  attending  meetings  of  the  regents. 

February  15,  1787,  the  regents  met.  The  date  is  wrongly  given  as 
Thursday,  February  16,  in  the  records.  Thursday  was  the  15th,  and 
this  date  is  supported  by  a  subsequent  reference  in  the  records.  The 
legislature  was  already  in  session.  There  was  quite  a  large  attendance 
of  the  regents  at  this  meeting.  Richard  Varick,  speaker  of  the  assem- 
bly, presided.  Duane,  Rogers,  Livingston,  and  Mason  of  the  committee 
upon  the  "  state  of  the  University  "  were  present.  Hamilton,  Jay  and 
the  remaining  members  were  absent.  Fortunately,  the  report  of  the 
committee  is  spread  upon  the  minutes.  It  is  presented  "  By  order  of 
the  committee,  Jas.  Duane,  chairman."  An  analysis  of  this  remarkable 
report  is  necessary  in  order  to  appreciate  some  of  the  provisions  of  the 
subsequent  legislation.  Three  subjects  are  considered:  the  University, 
academies  and  public  elementary  schools. 

I  The  University.  They  recommend  amendment  of  the  former  acts 
in  the  following  particulars: 

a  Changes  in  "  point  of  form  "  are  needed  in  regard  to  filling  vacan- 
cies in  the  offices  of  chancellor  and  vice-chancellor,  in  the  manner  of 
calling  and  adjourning  meetings,  in  regard  to  the  annual  meetings  and 
the  presiding  regents,  in  the  absence  of  official  regents. 

b  Changes  "  in  the  substance  of  its  constitution "  are  necessary  in 
order  "  to  render  the  University  beneficial  according  to  the  liberal  views 
of  the  legislature."  They  recommend  "  that  each  respective  college 
ought  to  be  intrusted  to  a  district  corporation  with  competent  powers 
and  privileges,  under  such  subordination  to  the  regents  as  shall  be 
thought  wise  and  salutary."     The  reasons  are,  that: 

1  While  "  The  regents  arc  the  only  body  corporate,"  in  whom  "  not 
only  the  funds,  but  the  government  and  direction  of  every  college  are 
exclusively  vested,"  due  care  can  not  be  given  to  each  institution,  owing 
to  the  "  dispersed  situation  "  of  the  regents. 

2  The  "  remedy  adopted  by  the  second  act  was  to  reduce  the  quorum 
to  a  small  number,  but  thus  placing  the  rights  of  every  college  in  the 


HISTORY  AND   ORGANIZATION  23$ 

hands  of  a  few  Individuals,  your  committee  have  reason  to  believe, 
excited  jealousy  and  dissatisfaction  when  the  interests  of  literature  re- 
quire that  all  should  be  united." 

2  "  Academies  for  the  instruction  of  youth  in  the  languages  and  use- 
ful knowledge."  These  should  receive  "  liberal  protection  and  encour- 
agement.'' 

a  By  incorporation,  which  would  secure  their  property  and  remove 
the  disadvantages  arising  from  their  "  establishment  by  private  benevo- 
lences." 

b  By  a  "permanent  superintendence"  which  "would  greatly  con- 
tribute  to  the  introduction  of  able  teachers,  and  the  preservation  of  the 
morals  cf  the  students  as  well  as  their  progress  in  learning." 

3  Public  elementary  schools.  "  But  before  your  committee  conclude 
they  feel  themselves  bound  in  faithfulness  to  add  that  the  erecting 
public  schools  for  teaching  reading,  writing,  and  arithmetic  is  an  object 
of  very  great  importance,  which  ought  not  to  be  left  to  the  discretion 
of  private  men,  but  be  promoted  by  public  authority.  Of  so  much 
knowledge  no  citizen  ought  to  be  destitute,  and  yet  it  is  a  reflection  as 
true  as  it  is  painful,  that  but  too  many  of  our  youth  are  brought  up  in 
utter  ignorance." 

A  draft  of  a  bill  was  presented  which  appears  to  have  applied  only  to 
the  University  and  the  academies.  It  is  a  great  misfortune  that  this 
draft  can  not  be  found.  It  would  throw  a  great  light  upon  the  ques- 
tion of  the  authorship  of  the  act  of  1 787.  The  committee  recommended 
iaying  the  matter  before  the  legislature  and  their  report  and  the  pro- 
o^osed  bill  were  put  into  the  hands  of  Mr  Varick  to  present  to  the  legis- 
lature. Mr  Varick,  being  speaker  of  the  assembly,  evidently  turned  the 
matter  over  to  Hamilton,  for  the  next  morning,  February  16,  Hamilton 
presented  a  bill  in  the  assembly  entitled  "An  act  to  render  more  effec- 
tual an  act,  entitled,  An  act  for  granting  certain  privileges  to  the  college, 
heretofore  called  King's  college,  for  altering  the  name  and  charter 
thereof  and  erecting  an  University  within  this  state."  "  The  next  day 
this  bill  was  read  the  second  time  and  committed  to  committee  of  the 
whole.''  Hamilton  seems  never  to  have  been  able  to  push  his  bill 
further.  It  may  be  that  the  Clintonian  opposition  to  Hamilton  was 
making  itself  felt  even  in  the  matter  of  educational  reform,  and  that  the 
Columbia  men  thought  their  plan  more  likely  to  succeed  by  attempting 
to  capture  the  independent  movement  for  a  new  University  law  now  in 

'  Assembly  jour.  1787-  P-  53- 

«  It  is  surprising  that  Pratt's  Annals  which  purport  to  give  accurate  transcripts 
of  the  minutes  of  the  legislative  journals  touching  this  legislation,  and  which  the 
writer  by  a  careful  reading  of  the  journals,  has  failed  to  find  defective  in  any 
other  material  point,  should  have  omitted  altogether  this  entry  concerning  Hamil- 
ton's bill. 


236  UNIVERSITY   OF  THE   STATE   OF   NEW   YORK 

progress  in  the  senate  under  the  leadership  of  Ezra  L'Hommedieu.  It 
can  not  be  discovered  what  was  Clinton's  position  in  this  matter. 
Shortly  after  the  board  had  been  packed  by  Columbia  men  by  the 
amendatory  law,  Clinton  had  resigned  the  chancellorship.  This  was  in 
April,  1785,  and  he  seems  to  have  attended  only  two  of  the  meetings  of 
the  board  until  its  reorganization  after  the  law  of  April,  1787.  An 
examination  ot  the  Ci-mton  papers  (ms)  at  the  state  library  at  Albany 
fails  to  give  any  clue  to  his  views  upon  the  University.  From  the 
catholic  tone  of  his  first  message  to  the  legislature,  from  his  known 
democratic  opinions,  from  his  magnifying  the  importance  of  the  state, 
from  his  political  opposition  to  Hamilton,  from  his  refusal  to  mix  in 
the  affairs  of  the  University  while  it  was  under  the  domination  of  the 
Columbia  party,  and  from  the  fact  that  he  was  again  made  chancellor 
upon  the  reorganization  in  1787  upon  a  truly  state  basis,  it  may  well  be 
supposed  that  he  represented  the  state  or  popular  side  in  this  struggle, 
at  least  after  the  antagonism  became  pronounced. 

Popular  attempt  at  reorganization.  It  has  already  been  seen 
that  two  attempts  were  made  to  erect  academies  on  Long  Island, 
one  at  Flatbush,  the  other  at  East  Hampton.  The  Assembly  Journal 
shows  that  a  petition  of  Jesse  Woodhull  and  others,  was  presented  in 
1785,  for  a  law  enabling  them  to  raise  200  pounds  by  lottery  to  finish 
an  academy  at  Goshen,  Orange  county.^  During  this  time  also  a  plan 
was  formed  of  founding  a  college  at  Schenectady,  in  which  Dr  John  H. 
Livingston  was  interested.  He  was  the  regent  who  had  moved  for  a 
committee  to  devise  means  for  promoting  literature  throughout  the 
state,  and  although  a  professor  in  Columbia,  was  not  a  narrow  partisan 
of  that  institution.  He  became  the  principal  of  Erasmus  hall  shortly 
after  it  was  incorporated.  Every  thing  goes  to  show  that  there  was  a 
call  for  new  educational  institutions  in  every  part  of  the  state.  As  early 
as  1779  an  application  was  made  to  the  assembly  for  an  act,  enabling 
''  The  trustees  of  the  freeholders  and  commonalty  of  the  town  of  Kings- 
ton, to  erect  a  college  or  university  in  the  said  town."  The  matter  was 
referred  to  a  committee  consisting  of  Mr  Schoonmaker,  Mr  L'Homme- 
dieu and  Mr  Palmer,  to  which  four  other  members  were  added,  James 
Gordon  of  Albany  county,  Thomas  Treadwell  of  Suffolk  county,  Egbert 
Benson  of  Dutchess  county  and  Robert  Harpur  of  New  York  county.* 
This  committee  had  also  in  charge  a  petition  from  John  Cuylerand  542 
inhabitants  of  Albany  and  Tryon  counties,  and  from  Thomas  Clark 
and  131  others  of  Charlotte  county,  for  a  college  at  Schenectady.  A 
bill  was  prepared  and  also  a  charter  for  this  college  at  Schenectady, 
which   was  to  be   called    Clinton    college.     This   charter   is  preserved 

'  Assembly  jour.  Jan.  31,  1785,  p.  7. 
2  Hist,  record,  p.  357. 


HISTORY  AND   ORGANIZATION  237 

among  the  CUnton papers  (no.  za(^iV     These  petitions  were  presented 
in  \ugust,  1779,  but  nothing  further  came  of  them  at  that  time.     They 
show  the  local  need  of  schools  in  different  parts  of   the   state   and    the 
membership   of   the   committee   is   important   in   this   mquiry.     Ezra 
L'Hommedieu  is  seen  to  have  been  thus  early  interested  in  the  educa-^ 
tional  affairs  of  the  state.     Egbert  Benson  and  Robert  Harpur  were 
re<^ents  and  Thomas  Treadwell  was  a  member  with  L'Hommedieu  of  the 
senate  committee  appointed  February  8,  1787,  upon  the  petition  in  behalf 
of  an  academy  at  East  Hampton.     While  the  committee  of  the  regents 
were  preparing  the  bill  which  was,  in  all  probability,  the  bill    presented 
by  Hamilton  to  the  assembly  on  February  16,  Ezra  L'Hommedieu  and 
his  colleagues,  Treadwell,  Stoutenburgh  and  Vanderbilt,  were   laboring 
upon  a  bill  for  the  same  end.     Hamilton's  bill  was   swamped    in   com- 
mittee of  the  whole  on  February  17.    On  February  27,  the  Senate  journal 
contains  the  following  entry:  "Mr  L'Hommedieu  from  the   committee 
to  whom  was  referred  the  petition  of  Samuel   Buell,    Nathaniel   Gardi- 
ner  and  David  Mulford,  for  the  incorporation  of  an    academy  at  East 
Hampton,  and  for  other  purposes  reported,  that  in  the  opinion  of   the 
committee  it  will  be  proper  that  a  bill  should  be    ordered  to  be  brought 
in,  for  erecting  an  University  and  for  granting  privileges  to  colleges  and 
academies  within  this  state,  and  for  repealing  the  acts  therein  mentioned, 
which    report  he    read    in   his   place  and  delivered  the  same  in  at  the 
table  where  it  was  again  read,  and  agreed    to   by  the    senate.     Where- 
upon, Ordered,  that  Mr  L'Hommedieu  prepare  and  brmg  in  a  bill  tor 
that  purpose.     Mr    L'Hommedieu,  according  to  order,  brought  m  the 
said  bill  which  was  read  the  first  time  and   ordered  a  second    reading. 
Samuel  Buell  was  a  regent,  and  knew  that  the  University  was  mtended 
to  found  and  govern  academies.     Why  should    these   petitioners  come 
to  the  legislature  for  a  separate  charter  when  they  might  have  the  bene- 
f\ts  of  becoming  a  part  of  the    University?     It    seems   plam   that   they 
were  afraid  of  the  board  of  regents.     They  preferred    incorporation  in 
which  they  could  control  their  own  funds,  to  placing  their    property  in 
the  hands  of  this  board  of  omnibus  trustees,  controlled  heretofore  by  a 
set  of  men  working  chiefly  in  the  interests  of  one  institution.     The  re- 
port of  the  committee  of  the  regents  quoted  above  shows  the  prick  of  a 
guilty  conscience  on  the  part  of  the  Columbia  ring   of   control.       And 
from  the  recommendations   of  that   committee,  and   the  independent 
movement  now  started  for  the  separate  incorporation    of   academies,  it 
becomes  evident  that  regents  and  non-regents  alike  recognized  the  need 
of  reform,  and  agreed   upon  the   direction   that   reform    should   take. 
L'Hommedieu  seized  the  opportunity,  offered  by  this    petition,  to   pre- 
pare a  measure  reorganizing  the  University  upon  a  broader  basis.      He 

Hist,  record,  p.  144-357- 


238  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 

became  the  champion  of  the  interests  of  the  state  as  a  whole,  of  the 
popular  and  anti-monopoly  spirit,  of  a  widely  spread  education  that 
should  serve  local  interests,  while  unified  in  a  state  system  of  the  acade- 
mies against  Columbia  college. 

It  is  proper  here  to  say  a  word  about  this  man.  He  was  a  descendant 
of  Benjamin  L'Hommedieu,  a  Huguenot,  who  came  to  New  York  from 
Rochelle  after  the  revocation  of  the  edict  of  Nantes,  and  settled  at 
Southhold,  Long  Island.  Ezra  L'Hommedieu  was  born  at  this  place 
in  1734.  He  was  a  graduate  of  Yale  in  the  class  of  1754,  after  which 
he  traveled  in  France  and  continued  his  studies  there.  He  practised 
law  in  New  York  city  after  his  return,  and  during  the  revolution  be- 
came prominent.  From  1775-78  he  was  a  member  of  the  New  York 
provincial  congress  and  took  part  in  the  formation  of  the  state  consti- 
tution. He  was  then  a  member  of  the  New  York  assembly  until  1784, 
when  he  became  state  senator,  which  office  he  held,  with  the  exception 
of  the  year  1793,  from  1781  till  1809.  For  seven  years,  between  1779 
and  1788,  he  was  a  delegate  to  the  continental  congress.  He  was  also 
a  member  of  the  council  of  revision  in  New  York  state  for  several 
years,  and  for  one  year  of  the  council  of  appointment.  A  federalist  at 
first,  he  finally  went  over  to  the  republicans  in  1797.  When,  on  the 
presentation  of  the  Virginia  and  Kentucky  resolutions  in  the  senate, 
Mr  King  moved  a  resolution  to  the  effect  that  the  constitutionality  oi 
acts  of  congress  was  a  question  for  the  judiciary  and  not  for  the  legis- 
lature, L'Hommedieu  opposed  the  resolution.'  He  was  a  regent  from 
the  founding  of  the  University  until  he  died  in  181 1.  The  Clinton 
papers  for  1783  con  .m  many  interesting  letters  which  passed  between 
Governor  Clinton  and  L'Hommedieu,  at  that  time  a  delegate  to  the 
continental  congress.  The  following  letter  from  Clinton  to  L'Homme- 
dieu gives  a  good  glimpse  of  several  of  the  persons  connected  with  this 
inquiry.  On  July  6,  1783,  L'Hommedieu  writes  from  Middletown, 
N.  Y.,  to  Governor  Clinton  at  Poughkeepsie  asking  him  as  to  the  attend- 
ance of  Gen.  John  Morin  Scott  and  James  Duane  at  the  congress  in 
Philadelphia,  and  stating  the  great  disadvantages  in  his  being  away 
from  home  at  that  time. 

Governor  Clinton  replies  from  Poughkeepsie,  July  10,  1783.  "Dear 
sir :  I  am  favored  with  yours  of  the  6th  instant.  Mr  Duane  left  this 
place  for  congress  yesterday  morning.  Gen.  Scott  is  indisposed  and 
there  is  no  hope  of  his  attending.  He  informs  me  he  has  written  you 
so.  Hamilton  is  all  impatience  to  be  released.  His  lady  hourly  ex- 
pects him  home.  She  is  young  and  ought  not  to  be  disappointed. 
Congress  have  passed,  and  the  prest.  forwarded  me  a  second   resolu- 

1  Hammond,  J.  B.  History  of  political  parties  in  the  state  of  New  York,  v.  i, 
p.  125. 


HISTORY  AND   ORGANIZATION  239 

tion  pressing  an  immediate  representatign  of  the  different  states  as  a 
matter  at  this  juncture  of  the  utmost  importance  and  a  representation 
of  this  state  depends  altogether  upon  your  attendance.  The  sooner  the 
better.  It  is  as  uncertain  as  ever  when  the  British  will  leave  New 
York,"  etc.,  etc' 

It  is  refreshing  to  see  the  governor's  solicitude  about  Hamilton  and 
his  lady  in  view  of  the  bitter  antagonism  that  developed  later.  This 
letter  shows  something  of  the  esteem  in  which  L'Hommedieu  was  held. 
An  engraving  at  the  state  library,  which  has  been  printed  in  the  docu- 
mentary history  of  New  York,  shows  L'Hommedieu  to  have  had  a  head 
of  classic  shape,  with  clear-cut  features,  and  vivacious,  intelligent  ex- 
pression. He  looks  like  an  able  and  resolute  man.  L'Hommedieu 
families  still  live  on  Long  Island.  The  pronunciation  of  their  name 
has  degenerated  into  "  Lommidoo." 

L'Hommedieu's  bill  on  the  next  day,  February  28,  was  sent  to  the 
committee  of  the  whole.  On  March  i,  Mr  Stoutenburgh  reported  pro- 
gress and  leave  to  sit  again  was  granted.  This  performance  was  repeated 
on  March  6,  7  and  8.  Evidently  there  was  a  struggle  in  progress  on  the 
bill. 

The  regents  meanwhile,  after  the  failure  of  Hamilton's  bill  in  the 
assembly,  were  quiet.  There  is  no  record  of  any  meeting  on  February 
22,  the  day  to  which  an  adjournment  was  taken.  On  the  meeting  of 
March  i,  no  action  was  taken  upon  the  reorganization  of  the  University. 
In  the  evening  of  March  8,  the  day  on  which  leave  to  sit  again  was 
granted  in  the  senate  upon  L'Hommedieu's  bill,, a  meeting  of  the  regents 
was  held  with  a  comparatively  large  attendance.  ±  .milton,  Duane  and 
Jay  were  there.  With  a  few  exceptions  all  who  attended  were  Columbia 
men.  This  meeting  was  the  turning  point  in  the  history  of  that  legis- 
lation. The  Columbia  men  had  seen  the  need  of  compromise.  Their 
policy  was  shrewd  and  effective.  They  determined  to  capture  the  inde- 
pendent movement  in  the  person  of  Mr  L'Hommedieu  himself.  They 
"  Resolved,  that  a  committee  of  six  members  of  the  regency  be  ap- 
pointed to  consider  of  the  most  proper  means  for  procuring  an  act  of 
the  legislature  for  amending  the  charter  of  the  University,  either  in 
conformity  to  the  bill  directed  to  be  presented  by  the  resolution  of  the 
board  of  the  15th  of  February  last  or  with  such  alterations  as  may  be 
found  necessary,  and  that  they  report  to  the  regency  at  the  next  meet- 
ing, and  that  the  speaker  of  the  assembly,  the  mayor  of  New  York,  Col. 
Hamilton,  Mr  Williams,  Mr  L'Hommedieu  and  Mr  Jay,  be  a  committee 
for  that  purpose."  Neither  the  speaker  of  the  assembly,  (Richard 
Varick)  nor  L'Hommedieu  was  present  at  that  meeting.  The  Columbia 
attempt  at  reorganization  had  failed  in  a  committee  of  the  whole  in  the 

'  Clinton  papers,  no.  51 19. 


24©  UNIVERSITY  OF  THE   STATE  OF  NEW  YORK 

assembly,  in  spite  of  the  leadership  of  Hamilton.  The  attempt  of  the 
academy  or  state  party  to  reconstruct  the  University,  under  the  leader- 
ship of  L'Hommedieu  was  threatened  with  defeat  in  a  committee  of 
the  whole  in  the  senate.  It  is  probable  that  both  parties  were  willing 
to  compromise.  It  is  certain  that  the  keen  political  tact  and  quick 
energy  of  the  Columbia  men  made  compromise  and  consolidation  a 
fact  accomplished.  L'Hommedieu  attended  the  next  meeting  of  the 
regents,  held  only  four  days  afterward,  the  first  time  that  he  had  at- 
tended since  April  lo,  1786.  The  speaker  of  the  assembly  was  also 
present.  The  committee  reported  progress  and  asked  leave  to  sit  again. 
L'Homedieu's  bill  and  Hamilton's  bill  not  the  same.  It  will 
be  remembered  that  on  February  15,  the  committee  of  the  regents  re- 
ported  a  draft  of  a  bill,  and  that  on  February  16,  Hamilton  presented  a 
bill  to  the  assembly.  L'Hommedieu's  bill  was  not  presented  to  the 
senate  until  February  27.  The  question  naturally  arises:  was  L'Hom- 
medieu's bill  after  all  the  same  bill  which  the  regents'  committee  had 
prepared  and  which  Hamilton  had  laid  before  the  assembly?  It  appears 
upon  the  clearest  evidence  that  these  bills  were  not  the  same. 

1  The  facts  already  detailed  show  an  antagonism  between  the  Colum- 
bia men  in  control  of  the  board  on  the  one  hand,  and  the  non-Columbia 
regents  and  non-regents  on  the  other. 

2  L'Hommedieu  had  not  attended  the  meetings  of  the  regents  for 
•nearly  a  year.  He  was  a  Yale  man  and  would  naturaily  have  no  special 
interest  in  Columbia.  He  was  a  countryman  and  would  be  inclined  to 
attach  more  importance  to  the  academies  and  the  general  needs  of  the 
state  education  than  to  the  management  of  Columbia  college. 

3  The  titles  of  the  acts  indicate  a  difference. 

a  The  original  University  bill  proposed  in  1784,  was  entitled,  before 
it  was  captured  by  the  King's  college  interest,  "  An  act  for  establishing 
a  University  within  this  state." 

b  After  its  capture,  and  as  passed  May  i,  1784,  this  bill  was  entitled, 
*'  An  act  for  granting  certain  privileges  to  the  college  heretofore  called 
King's  college,  for  altering  the  name  and  charter  thereof,  and  erecting 
a  university  within  this  state." 

c  The  amendatory  act  of  November  26,  1784,  simply  amended  by 
the  above  title. 

d  The  Assembly  jouivml,  date  of  April  13,  1785,  shows  that  John 
Lawrence,  (a  regent)  brought  in  a  bill  entitled  "An  act  to  amend  and 
explain  two  certain  acts  therein  mentioned  relative  to  the  University 
within  this  state."  Nothing  is  known  of  this  bill,  which  never  went 
beyond  its  first  reading,  and  it  is  introduced  here  only  for  the  sake  of 
completeness.  * 

e  Hamilton's  bill  was  introduced  in  the  assembly,  February  16,  17S7. 
The  movement  in  the  board  of  regents,  with  which  Hamilton  was  con- 


HISTORY   AND   ORGANIZATION  24 1 

cerned,  and  which  resulted  in  the  presentation  in  the  assembly  of 
Hamilton's  bill,  confessedly  had  for  its  primary  object  the  bettering  of 
the  condition  of  Columbia  college.  It  was  not  until  after  L'Homme- 
dieu's  activity  began,  upon  the  petition  of  the  East  Hampton  academy, 
that  Hamilton's  committee  appeared  to  have  considered  the  academies 
and  schools.  The  title  of  Hamilton's  bill  as  introduced  into  the  assembly 
indicates  well  the  spirit  in  which  it  was  conceived.  "  An  act  to  render 
more  effectual  an  act,  entitled  an  act  for  granting  certain  privileges  to 
the  college  heretofore  called  King's  college;  for  altering  the  name  and 
charter  thereof  and  erecting  a  University  within  this  state.'" 

/  L'Hommedieu's  bill  was  proposed  in  senate  February  27,  1787. 
The  title  of  this  bill  shows  at  once  the  reversion  to  the  earlier  anti- 
Columbian  idea  of  a  truly  state  university,  and  the  catholic  scope  of  the 
system  proposed.  The  title  runs,  "  An  act  for  erecting  an  university 
and  for  granting  privileges  to  colleges  and  academies  within  this  state 
and  for  repealing  the  acts  therein  mentioned."  L'Hommedieu  was 
for  repealing  and  building  anew  upon  a  broader  foundation.  Hamil- 
ton would  render  more  effectual  the  existing  acts. 

4  The  manuscript  drafts  of  L'Hommedieu's  bill  show  the  plainest 
evidence  of  his  independent  action. 

Among  a  collection  of  manuscripts  in  the  state  library,  called  New 
York  legislative  papers  are  several  drafts  of  the  bill  which  finally  be- 
came the  law  of  April  13,  1787,  establishing  the  University.  No.  382 
in  this  collection  is  the  draft  of  the  bill  introduced  in  the  senate 
February  27.  It  is  in  two  parts  which  fit  together,  but  there  are  breaks 
in  it.  The  first  half  is  indorsed  with  the  title,  as  given  above,  in  the  same 
handwriting  as  the  body  of  the  draft.  Below  the  title  it  is  indorsed 
'  In  senate  27th  Feb.,  1787,  read  ist  time."  This  handwriting  appears 
also  in  the  indorsement  of  the  subsequent  drafts,  and  seems  to  be  that 
of  the  clerk  of  the  senate.  The  second  part  is  indorsed  with  the  title, 
and  the  following  words  "  In  senate  27th  Feb.,  1787,  read  ist  time, 
28th,  read  second  time  and  committed."  This  whole  indorsement  is  in 
the  same  handwriting.  No.  383  of  this  collection  is  a  complete  draft 
of  this  bill,  and  is  indorsed,  still  in  the  handwriting  of  the  clerk  of  the 
senate,  with  the  title  and  these  words:  "  In  senate  27th  Feb.,  1787, 
read  ist  time  ;  28th,  read  second  time  and  committed."  These  indorse- 
ments correspond  with  the  entries  in  the  Senate  Journal  for  February  27 
and  28.  No.  388  is  the  engrossed  draft  of  this  bill  referred  to  in  the 
Senate  Journal  of  the  dates  March  19  and  20,  and  need  not  be  con- 
sidered here. 

The  handwriting  of  the  drafts  no.  382  and  383  is  the  same  through- 
out. A  careful  comparison  of  this  handwriting  with  that  of  Mr  L'Homme- 

'  Assembly  jour.  1787,  p.  53 


242  UNIVERSITY  OF  THE  STATE  OF  NEW   YORK 

dieu,  as  appearing  in  many  letters  from  him  to  Governor  Clinton  in 
1783,  contained  in  the  collection  of  Cli7iton  papers  above  referred  to,' 
establishes  beyond  doubt  that  these  drafts  are  in  L'Hommedieu's  hand- 
writing. The  bill,  then  introduced  into  the  senate  on  February  27,  and 
read  the  second  time  on  February  28,  was  the  work  of  L'Hommedieu's 
committee,  and  was  in  the  handwriting  of  L'Hommedieu.  It  is  not 
necessary  to  go  into  great  detail  to  show  that  this  bill  was  not  the  bill  of 
the  regents' committee  proposed  11  days  earlier  in  the  assembly  by 
Hamilton.  If  the  draft  of  the  assembly  bill  could  be  found,  the  matter 
would  be  much  easier,  but  this  draft  can  not  be  unearthed.  Not  only 
are  the  senate  drafts  in  L'Hommedieu's  handwriting,  but  they  are  not 
fair  copies,  as  they  would  be  if  taken  from  the  Hamilton  bill.  They 
are  filled  with  erasures,  interlineations,  verbal  changes,  transpositions 
and  marginal  additions  and  suggestions.  They  show  tentative  and 
gradual  construction.  And  then,  to  make  the  matter  more  certain,  at 
one  place  in  the  margin  appears  this  note,  like  every  thing  else,  in 
L'Hommedieu's  handwriting.  "  Take  this  clause  from  the  other  bill." 
At  one  other  place  appears  a  similar  note,  "  Take  in  the  clause  of  the 
assembly  bill."  These  facts  are  enough  to  show  that  while  L'Homme- 
dieu had  the  assembly  bill  in  mind  and  used  it  in  the  recasting  of 
his  own  bill,  yet  his  work  was  independent  and  dififerent.  If  further 
evidence  is  needed  it  is  ready  at  hand  in  the  character  of  L'Homme- 
dieu's scheme. 

The  first  draft  does  not  seem  complete,  but  coincides  in  the  main 
with  the  second  which  is,  however,  fuller.  A  complete  state  system  is 
proposed,  consisting  of  the  University  corporation  over  all;  colleges,  with 
which  Columbia  is  coordinated,  having  each  a  separate  charter;  incor- 
porated academies;  and  schools.  With  the  exception  of  schools, 
which  are  only  mentioned,  provisions  are  made  with  considerable 
minuteness  for  the  government  of  these  different  institutions,  all  of 
which  are  made  parts  of  the  University.  The  language  of  the  law  of 
May  I,  1784,  is  followed  wherever  practicable.  It  must  be  granted  that 
upon  this  statement  the  bill  resembles  the  scheme  outlined  in  the  report 
of  the  regents'  committee.  But  even  upon  this  showing  it  might  be 
urged,  that  it  was  quite  as  likely  that  the  regents'  committee  took  their 
ideas  of  furthering  the  academies  from  L'Hommedieu,  who  ha  J  been 
considering  the  matter  a  week  before  the  report  of  the  committee,  as 
that  L'Hommedieu  took  his  bill  from  that  of  the  regents'  committee. 
And  since  reform  had  become  necessary,  it  might  well  be  that  there  was 
no  difference  of  opinion  as  to  the  general  character  of  the  reform.  But 
a  few  of  the  provisions  of  L'Hommedieu's  proposed  law  show  most 
positively  that  he  was  urging  the  reform  from  a  standpoint  entirely  dif- 
ferent from  that  of  the  Hamilton  committee. 

'See  Clintoa  papers  5157,  5165.  S^^^,  5193,  5205,  5214.  5223- 


or  TH£ 

UNIVERSITY 

OF 

HISTORY   AND    ORGANIZATION  243 

I  L'Hommedieu's  bill  provides  "  And  no  president  or  professor  of  the 
said  Columbia  college  or  any  other  college  or  academy  recognized  by 
this  act  shall  be  a  trustee  or  governor  of  such  college  or  academy  nor 
shall  any  such  governor  or  president  or  professor  be  a  regent  of  the  Uni- 
versity.'" In  the  second  draft  (no.  383)  "tutor "is  added  to  this  pre- 
scribed list.  At  the  meeting  of  the  regents  on  February  15,  when  the 
report  of  their  committee  was  "approved  and  confirmed  "  and  the  draft 
of  the  bill  was  directed  to  be  laid  before  the  legislature,  there  were 
present  21  members.  Of  these,  seven  at  least  were  actual  professors 
in  Columbia  at  that  time.  Eight  others  were  made  trustees  of  Columbia 
under  the  new  law  and  among  those  eight  were  Mr  Duane,  himself, 
Robert  Harpur,  a  former  professor  of  Columbia,  and  Dr  Cochran,  who 
had  been  proffejed  a  professorship  and  declined.  There  were  only  five 
of  the  21  present  who  were  not  strong  friends  of  Columbia.  Many  of 
these  15  had  been  made  regents  when  the  board  was  packed  in  the  in- 
terest of  Columbia  by  the  amendment  of  November,  1784.  It  is  not 
reasonable  to  suppose  that  at  such  a  meeting  a  law  would  be  recom- 
mended containing  a  provision  so  destructive  of  Columbia  rule  in  the 
board  of  Columbia  trustees.  This  influence  of  the  faculty  of  Columbia 
in  the  board  of  regents  seems  to  have  excited  the  special  hostility  of 
the  non-Columbia  men. 

2  L'Hommedieu's  bill  provides  for  an  annual  visitation  of  the 
academies  by  a  committee  of  regents,  "  to  inquire  into  the  state  and 
progress  of  literature  therein  and  to  confer  the  degree  of  bachelor 
of  arts  on  such  students  of  such  academies  as  they  shall  judge  deserving 
of  the  same,  or  to  direct  that  such  degrees  be  conferred  on  such 
students  by  the  president  of  any  college  subject  to  their  visitation.'" 
It  can  not  be  supposed  that  the  Columbia  men  would  propose  such 
compulsion  upon  their  power  to  confer  degrees. 

3  The  first  draft  of  L'Hommedieu's  bill  proposes,  that  the  "  said 
Columbia  college  shall  be  subject  to  the  visitation  of  the  regents  of  the 
University,  or  a  committee  from  them,  who  may  as  often  as  the  regents 
shall  judge  necessary,  examine  into  the  funds  of  the  said  college,  the 
mode  of  education,  and  the  progress  in  literature  made  by  the  students 
as  well  as  of  the  learning,  abilities,  and  conduct  of  the  different  pro- 
fessors and  tutors."^ 

This  is  the  clause  which  is  marked  in  the  margin  :  "  Take  this 
clause  from  the  other  bill."  In  the  second  draft,  which  was  read  the 
following  day  in  the  senate,  this  clause  is  somewhat  toned  down.  It 
reads  "  It  shall  and  may  be  lawful  to  and  for  such  visitors  to  inspect 
and  examine  into  the  state  of  literature  and  the  progress  of  the  students 


'  N.  Y.  leg,  papers,  no.  382. 
'N.  Y.  leg.  papers,  no.  3S3. 


244  UNIVERSITY   OF   THE   STATE   OF   NEW   YORK 

in  any  of  the  said  colleges  and  into  the  discipline,  government,  man- 
agement, laws  and  statutes  thereof,  and  the  execution  of  the  same,  and 
into  the  University  funds,  securities,  receipts,  expenditures,  books  of 
accounts,  and  vouchers  appertaining  thereto;  in  order  that  a  just  report 
thereof  may  be  made  to  the  regents  of  the  said  University  and  by  them 
be  laid  before  the  legislature  when  it  shall  be  found  necessary.'  Again, 
it  can  not  be  supposed  that  the  Columbia  men  would  have  proposed 
such  subordination  on  the  part  of  their  college  to  the  regents.  It  look^ 
as  if  L'Hommedieu  had  softened  the  rigor  of  his  first  proposal  to  better 
suit  the  temper  of  the  assembly  bill. 

4  L'Hommedieu's  first  draft  gives  the  regents  a  veto  upon  the  "  ordi- 
nances and  by-laws  "  made  by  the  governors  of  Columbia,  "  for  the 
government  of  Columbia  college  and  for  the  management  of  (its) 
estate."  In  L'Hommedieu's  second  draft  the  same  power  is  given  the 
regents.  This  is  then  erased  and  the  following  is  interlined  (after  the 
powers  of  the  trustees  of  the  various  colleges  to  make  ordinances  and 
by-laws  is  stated),  "provided  also  that  the  trustees  of  the  colleges 
above  mentioned  respectively  lay  before  the  regents  of  the  said  Uni- 
versity from  time  to  time  the  plan  or  system  proposed  to  be  adopted  for 
the  education  of  the  pupils  and  students  in  each  of  the  said  colleges 
respectively,  in  order  that  the  same  may  be  revised  and  examined  by 
the  said  regents  and  by  them  be  altered  and  confirmed  as  they  shall 
judge  proper." 

These  powers  in  the  regents  do  not  seem  like  suggestions  from 
Columbia.  The  milder  veto  power  in  the  second  draft  may  well  have 
been  a  politic  concession  by  L'Hommedieu  to  the  Columbia  influence. 
5  L'Hommedieu's  bill  provides  that  the  succession  of  trustees  for 
Columbia  shall  be  kept  up  by  legislative  appointment.  This  it  is  im- 
possible to  think  of  as  emanating  from  the  Columbia  men.  In  his  first 
draft  he  proposed  for  Columbia  trustees  the  same  plan  as  that  provided 
in  the  law  of  May  i,  1784,  for  the  succession  of  regents,  namely, 
appointment  by  the  governor  and  council  of  appointment.  This  was 
then  erased  and  a  blank  left  for  the  manner  of  appointment.  In  the 
second  draft  he  proposed  at  first  the  filling  of  vacancies  by  election 
"by  a  majority  of  the  said  trustees."  This  was  erased  and  appoint- 
ment by  the  legislature  substituted.  This  provision  for  the  government 
appointment  of  trustees  is  applied  in  L'Hommedieu's  bill  to  other 
colleges  in  the  state.  All  colleges  were  thus  to  be  state  institutions. 
This  is  the  more  remarkable  since  he  proposes  to  put  the  academies 
upon  a  different  footing,  succession  of  academic  trustees  to  be  by 
cooptation.  He  was  the  champion  of  the  academies,  and  wanted  them 
self-governing,  subject  only  to  such  supervision  as  would  be  for  their 
benefit  and  encouragement.  The  power  of  colleges  he  proposed  to 
'  N.  Y.  leg.  papers,  no.  383. 


HISTORY   AND   ORCANIZATION  245 

restrain  through  more  rigid  control  by  the  regents  and  through  legisla- 
tive renewal  of  trustees. 

A  comparison  of  L'Hommedieu's  drafts  with  the  bill  actually  passed 
shows  that  his  provisions  for  academies  were  substantially  incorporated 
in  the  law,  while  in  the  part  of  his  plan  which  touched  Columbia  and  the 
colleges  generally  he  was  not  nearly  so  successful. 

The  conclusion  based  upon  the  foregoing  considerations,  as  to  the 
separate  character  of  these  two  bills,  is  strengthened  and  confirmed  by 
the  history  of  this  legislation,  subsequent  to  the  appointment  of  the 
committee  of  regents  March  8,  1787,  with  a  view  to  consolidate  the 
opposing  forces  and  push  through  a  compromise  measure.  If  the 
L^Hommedieu  bill  were  the  same  bill  as  that  proposed  by  the  regents' 
committee,  the  resolution  by  the  regents  on  March  8  would  not  have 
spoken  of,  "  procuring  an  act  of  the  legislature  for  amending  the  charter 
of  the  University,  either  in  conformity  to  the  bill  directed  to  be  pre- 
sented by  the  resolution  of  the  board  of  the  15th  of  February  last,  or 
with  such  alterations  as  may  be  found  necessary."  They  would  have 
said  "  in  conformity  to  the  bill  now  before  the  senate,"  or  used  some 
equivalent  phrase.  The  difference  and  the  controversy  are  every- 
where apparent.  The  compromise  effected  between  the  two  parties 
remains  to  be  considered. 

Consolidation  and  compromise.  The  regents  made  a  strong 
and  politic  move  in  the  appointment  of  their  committee  on  March  8. 
They  made  the  speaker  of  the  assembly,  chairman  of  the  committee. 
They  secured  the  attendance  of  John  Jay  at  that  meeting,  a  rare  ad- 
vantage. He  had  attended  only  three  meetings  before  this  since  his 
appointment  on  February  28,  1786.  He  accepted  a  place  upon  the 
committee.  It  would  seem  from  his  being  appointed  regent  under  the 
new  law,  when  nearly  all  of  his  coappointees  of  1784  were  made  trus- 
tees of  Columbia,  as  if  he  finally  had  come  to  act  rather  against  than  in 
favor  of  Columbia.  L'Hommedieu,  the  leader  of  the  opposition  to  Co- 
lumbia, in  the  senate,  accepted  a  place  upon  the  committee,  and  attended 
the  subsequent  meetings.  This  committee  was  one  of  great  ability.  It 
contained  Duane,  Hamilton  and  Jay.  L'Hommedieu  was  a  man  of 
ability  and  prominence,  as  is  shown  by  his  constant  activity  on  impor- 
tant committees  in  the  senate,  as  well  as  by  the  various  offices  held  by 
him.  Of  Varick  and  Williams,  not  so  much  is  known.  The  meeting 
of  March  12,  has  already  been  noticed.  On  March  15,  the  regents  met 
again.  The  committee  were  all  there,  except  Jay.  The  other  members 
present  w^ere  mainly  Columbia  men.  "  Col.  Hamilton  "  from  this  com- 
mittee, "  reported  a  bill  to  be  laid  before  the  legislature."  It  was  de- 
bated paragraph  by  paragraph.  L'Hommedieu  moved  to  strike  out  the 
name  of  George  Clinton  from  the  list  of  Columbia  trustees.  The 
motion  was  lost,  Hamilton  and  L'Hommedieu,  however,  both  voting  in 


246  UNIVERSITY   OF  THE   STATE   OF  NEW   YORK 

the  affirmative.     It  was  also  proposed  to  leave  out  of  the  regency  the 
governor  and  lieutenant-governor,  but  this  was  lost.     In  the  final  law. 
Clinton  is  not  the  trustee  of  Columbia.     The  draft  of  the  engrossed  bill' 
shows  that,  as  introduced,  it  contained  Clinton's  name,  which  was  after- 
ward erased.     It  was  probably  struck  out  in  the  legislature.      The  bill 
and  amendments  were  then  adopted  by  the  regents.     The  effect  of  this 
consolidation  of  opposing  ideas  upon  the  course  of  legislation  appears 
instantly.      Since  March  8,  L'Hommedieu's  bill  had  lain  in  committee 
of  the  whole.     Four  days  after  this  agreement  between  the  Columbia 
party  and  the  academy  party,  on  March  19,  in  the  senate  "  Mr  Stouten- 
burgh,  from  the  committee  of  the  whole,"  reported  that  they  had  gone 
through  the  bill,  made  amendments  thereto,  altered  the  title  in   the 
words  following,  viz  :    "  An  act   to   institute  a  University  within  this 
state  and  for  other  purposes  therein  mentioned,  and  agreed    to   the 
same."     The  senate  agreed  to  the  bill  and  amendments  and  ordered 
the  amended  bill  to  be  engrossed.     The  next  day,  March  20,  the  bill  was 
passed  by  the  senate.     It  is  the  draft  of  this  engrossed  bill  which  is 
preserved  in  the  N.  Y.  legislative  papers  as  no.  388.     The  agreement 
between  L'Hommedieu  and  the  Columbia  party  seems  to  have  quieted  all 
opposition  in  the  senate.    The  compromise  bill  was  now  not  the  measure 
of  a  party,  but  the  regents'  bill.    The  assembly  made  some  amendments 
in  committee  of  the  whole  which  were  immediately  concurred  in  by  the 
assembly  and  the  amendments  ordered  to  be  engrossed.'     The  bill  en- 
countered opposition   now   from    Hamilton's    political    opponent,    Mr 
Lansing,  a  partisan  of  Clinton.     On  March  24,  the  Journal  shows  that 
Lansing  moved  to  recommit  the  bill  to  committee  of  the  whole.     Ham- 
ilton opposed  this  motion .     "  Col.  Hamilton  hoped  that  the  house  would 
not  recommit  the  bill.     There  was  no  doubt,  he  said,  but  the  legislature 
possessed  the  right  to  give  this  power.     There  were  frequent  examples 
of  the  kind  in  Great  Britain,  where  this  power  had  been  granted.     No 
disadvantage,  he  said,  could  arise  from  it ;  on  the  contrary,  many  would 
be  the  benefits.     He   therefore  wished  the  bill  might  be  finished  as  no 
doubt  existed  with  him  of  the  power  and  the  propriety  of  the  legislature 
granting  those  privileges  which  were  mentioned  in  the  bill."^     It  is  not 
known  what  were  the  powers  and  the  privileges  thus  defended  by  Ham- 
ilton.    They  may  have  been  the  power  of  incorporating  colleges  which 
encountered  opposition  later.     Lansing's  motion  was  carried  and  the 
bill  recommitted.     A  week  later  two  clauses  of  the  bill  were  reported 
for  consideration  by  the  house.     In  1786  a  law  had  been  passed  appro- 
priating one  lot  in  every  township  of  land  "to  be  applied  by  the  legis- 
lature for  promoting  literature  in  this  state."     A  clause  in  the  Univer- 

'  N.  Y.  leg.  papers,  no.  388. 

2  Assembly  jour.,  March  20,  21,  22  and  23. 

3 Hamilton,  Alexander.    Works;  ed.  by  H:  C.  Lodge,  v.  6,  p.  575. 


HISTORY  AND   ORGANIZATION  247 

sity  bill  proposed  that  letters  patent  for  such  lots  should  be  granted  to 
the  regents.  On  Lansing's  motion  this  clause  was  rejected.  The  other 
clause  was  the  one  empowering  the  regents,  on  application,  to  incorpo- 
rate colleges  upon  certain  conditions.  Lansing  moved  to  reject  this 
clause.     His  motion  was  carried,  Hamilton  voting  in  the  negative.' 

On  April  6,  it  was  reported  to  the  house  that  in  the  committee,  the 
speaker  of  the  assembly  had  moved  to  reconsider  this  last  rejected 
clause,  and  the  committee  of  the  whole  had  voted  for  the  clause  on  re- 
consideration, Hamilton  supporting.  The  regents'  committee  thus 
stood  firm  in  the  assembly.  Hamilton  gave  the  bill  his  steady  support. 
The  bill  as  amended  in  committee  was  agreed  to  by  the  assembly  on 
April  6,  and  the  amendments  engrossed.  On  April  10,  the  Assembly 
journal  has  an  entry  which  shows  a  neat  stroke  of  diplomacy  on  the 
part  of  Columbia  and  the  regents.  It  was  moved  that  the  house  "  ad- 
journ until  the  afternoon;  that  the  members  may  have  an  opportunity 
to  attend  the  commencement  of  the  students  in  Columbia  college,  agree- 
ble  to  a  request  of  the  regents  of  the  University  to  the  legislature."  The 
motion  called  forth  debate,  but  adjournment  was  voted,  34  to  17.  This 
may  have  been  mere  courtesy.  The  regents  met  in  the  assembly  cham- 
ber. But  coming  just  at  this  time  when  the  success  of  the  bill  was  not 
assured,  the  courtesy  may  have  had  another  motive.  The  next  day  the 
assembly  passed  the  bill  and  amendments.  The  senate  concurred  in 
the  amendments  April  12,  and  on  April  13,  the  council  of  revision  sent 
down  its  approval  by  message  of  Chief  Justice  Richard  Morris,  and  the 
bill  became  law.  The  timely  concessions  of  Columbia  had  assured  the 
safety  of  the  measure.  The  consolidation  of  both  parties,  making  the 
regents  a  unit,  had  enabled  them  to  secure  a  law  far  more  satisfactory 
upon  the  whole  than  the  old  one,  and  one  which  in  its  essential  features 
has  remained  unchanged.  Until  1889  there  was  no  thoroughgoing  re- 
construction of  the  system,  and  this  law  of  1889  was  more  a  codifica- 
tion of  the  old  law  than  a  change  in  the  constitution  of  the  University. 
From  the  meager  facts  reported  it  seems  that  the  popular  house  had 
some  jealousy  of  the  University,  and  feared  to  put  such  large  powers 
into  the  hands  of  a  corporation.  But  the  animus  of  Lansing's  opposi- 
tion may  have  been  only  the  Clintonian  hostility  to  Hamilton,  for  the 
burning  question  in  the  New  York  legislature,  now  was  not  reform  of 
the  constitution  of  the  state  University,  but  the  larger  question  of  a  re- 
form in  the  constitution  of  the  United  States.  Governor  Clinton  was 
mighty  in  the  assembly  and  stood  strongly  for  his  state  against  any 
greater  control  by  the  federal  government.  Hamilton,  on  the  other 
hand,  believed  heartily  in  the  centralization  of  power  in  the  hands  of  a 
strong  and  capable  few.  And  as  he  strove  for  the  subordination  of  the 
states  to  the  rule  of  the  central  federal  government,  so  in  the  state  sys- 
'  Assembly  jour.,  March  31,  1787. 


248  UNIVERSITY   OF  THE   STATE   OF   NEW   YORK 

tern  of  education  he  seems  to  have  striven  for  the  strong  mastery  of  the 
cultured  and  able  coterie  of  Columbia  men  over  the  undeveloped  and 
self-asserting  institutions  throughout  the  state.  And  as  the  disintegrat- 
ing power  of  state  rights  showed  such  irrepressible  life  that  he  was  com- 
pelled to  compromise  his  ideal  in  the  national  constitution,  and  consent 
to  far  greater  local  power  in  the  states  than  he  believed  in;  so  in  the 
University,  to  preserve  the  union  he  was  obliged  to  compromise,  to 
yield  up  the  paramount  influence  of  the  capable  institution  at  New 
York,  then  the  political  as  well  as  the  intellectual  center  of  the  state, 
and  to  allow  the  local  academies  a  measure  of  self-government  which 
was  opposed  to  his  political  ideas.  But,  once  committed  to  the  com- 
promise, he  was  the  staunch  champion  of  the  new  University  as  of  the 
new  federal  constitution.  It  was  not  the  least  mark  of  Hamilton's 
greatness,  that,  imperious  and  ambitious  as  he  was,  he  was  yet  capable 
of  forgetting  egoism  in  the  presence  of  the  supreme  need  of  society. 
The  founding  of  the  University  of  the  State  of  New  York  becomes  thus 
a  little  part  of  that  vaster  movement  which  consolidated  the  union  of 
the  states  in  the  federal  constitution. 

Act  of  April  13,  1787.  This  act  is  far  superior  to  L'Hommedieu's 
drafts  in  point  of  form.  There  is  a  definiteness,  a  precision  of 
compact  utterance,  and  a  simplicity  which  are  wanting  in  his  drafts. 
The  topical  order  is  substantially  the  same.  That  the  changes  were 
the  result  of  the  conferences  of  parties  in  the  regents  there  can  be  no 
doubt.  In  the  act  as  well  as  in  the  draft  of  the  engrossed  bill  (no.  388), 
the  preamble  alone  makes  this  clear.  In  L'Hommedieu's  drafts  there 
was  no  preamble,  and  nowhere  any  reference  to  any  desire  for  change 
on  the  part  of  the  regents.  He  began  abruptly,  after  the  title  "  Be  it 
enacted,"  etc., "  that  there  shall  be  and  hereby  is  instituted  a  University 
within  this  state."  The  act  as  well  as  the  draft  (no.  388),  begins  with 
a  recital  of  the  two  laws  of  1784  instituting  the  University,  and  pro- 
ceeds: "And  whereas,  from  the  representations  of  the  regents  of  the 
said  University,  it  appears  that  there  are  defects  in  the  constitution  of 
said  University,"  etc.  Elsewhere  similar  reference  is  made  to  the 
initiative  of  the  regents.  They  must  appear  as  united  in  desiring  re- 
form. And  that  the  reform  was  not  alone  the  earlier  measure  of  Ham- 
ilton, appears  from  the  title  as  well  as  the  preamble.  Hamilton's  bill 
was  entitled  "  An  act  to  render  more  effectual  an  act,"  etc.  giving  the  title 
of  the  law  of  1784.  The  preamble  of  this  act  reads,  that  whereas 
several  amendatory  acts  of  a  law  lead  to  confusion,  "  Wherefore,  to  the 
end  that  the  constitution  of  one  the  said  University  may  be  properly 
amended,  and  appear  entire  in  law,  it  will  be  expedient  to  delineate 
and  establish  the  same  in  this,  and  repeal  all  former  acts  relative 
thereto — Be  it  enacted,"  etc.  This  was  precisely  the  program  of 
L'Hommedieu.     The  language  is  largely  that  of  L'Hommedieu  and  the 


HISTORY   AND    ORGANIZATION  249 

provisions  respecting  academies  are  in  the  main  the  same  as  L'Homme- 
dieu's.  The  greatest  difference  between  this  act  and  L'Hommedieu's 
drafts  are  in  regard  to  Columbia  and  the  colleges.  A  short  analysis  of 
this  act  will  be  useful. 

1  Instead  of  the  prolix  title  of  Hamilton's  bill  and  the  clumsy  title  of 
L'Hommedieu's  bill,  the  act  has  the  concise  title:  "An  act  to  institute 
a  University  within  this  state,  and  for  other  purposes  therein  mentioned." 

2  The  preamble,  as  indicated,  shows  its  compromise  character. 

3  The  University. 

a  Its  corporate  name  is  "  The  Regents  of  the  University  of  the 
State  of  New  York." 

b  There  are  21  regents,  of  whom  two  only,  the  governor  and  lieu- 
tenant-governor are  regents,  ex  officio. 

The  regents  appointed  are  John  Rodgers,  Egbert  Benson,  Philip 
Schuyler,  Ezra  L'Hommedieu,  Nathan  Carr,  Peter  Sylvester,  John  Jay, 
Dirck  Romeyn,  James  Livingston,  Ebenezer  Russell,  Lewis  Morris, 
Matthew  Clarkson,  Benjamin  Moore,  Eliardus  Westerlo,  Andrew  King, 
William  Lynn,  Jonathan  G.  Tomkins,  John  M'Donald,  and  Frederick 
William  De  Steuben. 

c  Vacancies  are  to  be  filled  by  the  legislature  in  the  manner  in  which 
delegates  to  congress  are  appointed.  It  will  be  remembered  that  this 
was  in  the  days  of  the  continental  congress.  The  regents  therefore 
stood  as  the  representatives  of  the  state  as  a  whole,  and  not  of  any 
particular  section.  The  same  idea  is  now  maintained,  in  their  election 
in  the  same  manner  as  senators  of  the  United  States.  This  provision 
does  not  appear  in  L'Hommedieu's  draft  and  may  well  have  been  a 
centralizing  amendment  of  Hamilton. 

d  Various  provisions  are  made  as  to  the  election  of  officers,  calling 
and  conduct  of  meetings,  etc. 

e  The  general  powers  of  the  corporation  as  to  holding  of  property, 
etc.  are  substantially  those  under  the  former  law. 

f  The  regents  are  "  authorized  and  required  to  visit  and  inspect  all 
the  colleges,  academies  and  schools,  which  are  or  may  be  established 
in  this  state,"  to  make  ordinances  and  by-laws,  and  to  appoint  presi- 
dents of  colleges  and  principals  of  academies  if  the  respective  institu- 
tions fail  to  do  this  for  an  entire  year. 

g  They  are  empowered  to  confer  all  degrees  above  bachelor  or 
master  of  arts,  which  are  "  usually  granted  by  any  university  or  college 
in  Europe." 

h  They  may  apply  their  funds  at  their  own  discretion,  except  in  case 
of  grants  made  to  them  charged  with  an  express  use. 

4  Colleges. 

a  The  regents  are  authorized  to  incorporate  colleges  upon  applica- 
tion by  citizens  or  bodies  corporate  wishing  to  found  colleges  under 
32 


250  UNIVERSITY   OF   THE   STATE   OF   NEW   YORK 

such  conditions  as  they  approve;  but  such  corporations  are  to  have  the 
same  corporate  rights  as  Columbia  college. 
b  Columbia  college. 

1  The  original  charter  of  1754  is  confirmed  with  certain  changes  — 
"  No  persons  shall  be  trustees  of  the  same  in  virtue  of  any  offices, 
character  and  descriptions  whatsoever."  L'Hommedieu  had  proposed 
the  mayor  and  recorder  of  New  York  as  ex  officio  trustees. 

2  The  present  trustees  are  James  Duane,  Samuel  Provost,  John  H. 
Livingston,  Richard  Varick,  iVlexander  Hamilton,  John  Mason,  James 
Wilson,  John  Gano,  Brockholst  Livingston,  Robert  Harpur,  John  Daniel 
Gross,  Johann  Christoff  Kunze,  Walter  Livingston,  Lewis  A.  Scott, 
Joseph  Delaplaine,  Leonard  Lispenard,  Abraham  Beach,  John  Law- 
rence, John  Rutherford,  Morgan  Lewis,  John  Cochran,  Gershom  Seixas, 
Charles  McKnight,  Thomas  Jones,  Malachi  Treat,  Samuel  Bard, 
Nicholas  Romein,  Benjamin  Kissam  and  Ebenezer  Crossby.  Thus  all 
the  faithful  Columbia  men  who  had  come  to  her  rescue  in  November, 
1784,  and  had  stood  by  her  in  the  board  of  regents,  attending  faith- 
fully the  meetings,  were  rewarded.  To  make  room  for  the  new  friends 
they  had  gained,  they  appointed  29  on  the  first  board.  It  was  to  be 
reduced  to  24,  and  kept  at  that  figure. 

3  The  property  and  other  rights  of  King's  college  under  the  old 
charter  are  to  be  retained. 

5  Academies. 

a  Upon  application  by  founders  or  benefactors  of  academies  in  any 
cities  or  counties  of  the  state,  the  regents  are  empowered  upon  certain 
conditions  to  incorporate  such  academies.  In  fact  they  are  compelled 
to  grant  such  charters,  if  the  conditions  are  complied  with,  and  "  they 
conceive  such  academy  calculated  for  the  promotion  of  literature." 

b  Such  incorporated  academies  are  granted  the  usual  corporate 
powers,  their  annual  income,  however,  being  restricted  to  the  "value  of 
4000  bushels  of  wheat." 

c  The  trustees  of  the  academies  are  empowered  at  lawful  meetings 
according  to  detailed  regulations,  to  appoint  and  remove  officers, 
teachers,  etc.,  fix  their  salaries,  and  make  by-laws  for  the  government 
of  the  academies. 

d  Vacancies  in  the  boards  of  trustees  are  to  be  filled  by  cooptation, 

e  The  regents  are  to  be  visitors  of  such  academies. 

/  Scholars  of  academies,  upon  due  examination  by  the  president  and 
professors  of  any  college  under  the  visitation  of  the  regents,  who  shall 
be  found  competent  are  to  be  admitted  to  such  college.  But  this 
privilege  is  granted  only  upon  condition  that  the  plan  of  education  in 
such  academies  is  approved  by  the  regents. 

g  Academies  that  are  sufficiently  advanced  may  be  erected  into 
colleges  by  the  regents. 


HISTORY   AND    ORGAXTZATION"  25 1 

6  General  provisions. 

a  There  shall  be  no  religious  tests  for  presidents  or  professors. 

b  No  professor  or  tutor  in  any  college  or  academy  shall  be  a  trus- 
tee of  that  institution,  and  no  president  or  principal,  being  a  trustee, 
shall  have  a  vote  as  to  his  own  salary. 

c  No  "trustee,  president,  principal,  tutor,  fellow,  or  other  officer  of 
any  college  or  academy,  (shall)  be  a  regent  of  the  University." 
Columbia  men  had  packed  the  board  too  much. 

The  regent  of  the  New  York  University  is  thus  seen  to  be  absolutely 
different  in  character  to  the  regent  in  English  universities.  As  a 
corollary  to  this  prohibition  the  law  provides  that  if  any  college  or 
academy  trustee  is  elected  a  regent,  or  vice  versa,  such  person  shall 
make  election  which  position  he  wishes  to  occupy. 

7  The  two  former  acts  are  repealed. 

The  result  of  this  law  was  two-fold.  Theoretically,  it  lessened  the 
rigor  of  state  control  of  the  system,  by  emancipating  the  colleges  from 
the  actual  government  of  the  regents.  Practically,  it  widened  the  scope 
of  this  state  control,  by  emancipating  the  regents  from  the  monopolizing 
control  of  Columbia.  The  University  immediately  began  a  wide-reach- 
ing activity  in  the  incorporation  of  academies  and  colleges. 

L'Hommedieu's  plan  of  having  all  the  colleges  directly  dependent 
upon  the  state  by  having  their  trustees  appointed  by  the  legislature  was 
defeated.  It  was  a  bold  plan  and  a  grand  one.  But  the  love  of  self- 
government  was  too  strong  to  allow  so  radical  an  innovation.  And 
L'Hommedieu,  himself,  seems  to  have  been  vindictive  rather  than  mag- 
nanimous in  the  proposal,  for  his  same  plan  left  to  trustees  of  academies 
the  right  of  filling  vacancies  in  their  boards.  He  was  the  champion  of 
the  academies.  His  proposals  concerning  these  institutions  were  mainly 
enacted  into  law.  He  was  apparently  a  champion  in  general  of  local 
interests.  As  first  proposed,  his  scheme  would  have  had  a  judge  of  the 
court  of  common  pleas  in  every  county,  and  the  mayor  of  every  city  in 
the  lists  of  regents  ex  officio.  And  in  the  matter  of  higher  education 
he  was  the  champion  of  direct  political  control.  Colleges  should  have 
on  their  boards  of  trustees  the  mayors  of  the  cities,  or  the  first  judge  01 
the  counties  where  these  colleges  were  situated;  the  rest  of  the  board 
to  be  made  up  by  governmental  appointment.  As  the  price  of  carrying 
through  his  measures  in  regard  to  the  academies,  he  had  to  concede  a^ 
most  complete  autonomy  to  Columbia,  except  in  the  matter  of  an  offi- 
cial inspection  by  the  regents. 

The  regulations  in  regard  to  Columbia  must  necessarily  be  the  model , 
for  future  colleges.     The   idea  then  of  a  system  of  colleges   in   direct' 
organic    connection  with   the   political   system  of   the   state  was  lost, 
through  the  narrow  zeal  of  the  Columbia  men  for  their  college  on  the 
one  hand,  and  the  equally  narrow  zeal  of  the  academy   me^n   on   the 


252  UNIVERSITY   OF   THE   STATE   OF   NEW   YORK 

Other.  But  the  compromise  was  a  distinct  gain,  and  after  a  century  of 
quiet,  and.  if  desultory,  still  efficient  activity,  this  great  organization 
stands  to-day  stronger  and  more  active  than  ever  before,  and  seemingly 
upon  the  eve  of  wider  and  more  splendid  achievements. 

The  law  of  1787  constituted  the  University  upon  substantially  the 
same  basis  as  that  on  which  it  rests  to-day.  One  effect  of  the  change 
should  be  noticed.  The  idea  of  county  representation  upon  the  board 
of  regents  was  entirely  lost.  The  regents  became  the  agent  of  the  state, 
an  organ  of  centralized  administration.  But  this  was  in  a  measure  off- 
set by  the  change  in  the  manner  of  appointment.  Instead  of  appoint- 
ment by  the  governor  and  his  council  of  appointment,  the  regents  were 
now  appointed  by  the  legislature,  thus  giving  a  far  more  popular  char- 
acter to  their  election.  This  was  probably  a  concession  to  the  assem- 
bly, for  there  existed  in  that  body,  as  evinced  by  Mr  Lansing's 
opposition,  a  jealousy  of  a  corporation  endowed  with  such  high  pre- 
rogatives as  the  board  of  regents. 

The  personnel  of  the  new  board  of  regents  should  also  be  remarked. 
The  old  Columbia  men,  including  Hamilton  and  Duane,  were  made 
trustees  of  Columbia,  and  ended  their  connection  with  this  state  estab- 
lishment. When  it  is  remembered  that  this  scheme  was  arranged  in 
the  compromise  committee  of  the  regents,  it  will  serve  as  strong  evi- 
dence of  the  party  preference  of  these  men  in  this  struggle.  While 
Hamilton  and  Duane  thus  remained  with  the  college.  Jay  and  Rodgers, 
of  the  Columbia  appointees  of  November,  1784,  went  over  to  the  new 
board  of  regents.  There  is  no  surprise  at  seeing  L'Hommedieu  still 
among  the  regents.  The  most  notable  accessions  to  the  board  of  re- 
gents were  Philip  Schuyler,  Hamilton's  father-in  law,  and  De  Steuben, 
the  sturdy  German  baron  of  revolutionary  fame. 

Hamilton  or  L'Hommedieu  ?  For  a  century  it  has  been  assumed 
that  Alexander  Hamilton  was  the  founder  of  the  University.  The 
shadow  of  his  great  name  has  lent  a  cherished  dignity  to  the  corpora- 
tion. J.  C.  Hamilton  calls  it,  "  a  bold  effort  of  his  genius," — in  his  life 
of  Alexander  Hamilton.  The  regents  themselves  have  ever  loved  to 
give  currency  to  the  tradition.  If  not  Hamilton,  who  ?  So  great  an 
institution  must  have  had  a  great  father,  and  hence  this  corporate  yf/Z^z 
nullius  has  claimed  descent  from  the  prolific  brain  of.  Hamilton.  What 
is  the  source  of  this  tradition?  The  published  works  of  Hamilton  give 
no  clue.  They  contain  nothing  of  importance  touching  the  University 
or  educational  matters  in  general.  Mr  Lodge,  printing  the  title  of  this 
act  in  a  list  of  writings  attributed  formerly  to  Hamilton,  comments 
thus:  "Mr  Proctor,  the  editor  of  the  forthcoming  edition  of  Hammond's 
political  history  of  New  York,"  has  I  think  shown  conclusively  tha 
this  act  was  the  work  of  Ezra  L'Hommedieu.'"  It  was  the  writer' 
1  Hamilton,  Alexander.     Works;  ed.  by  H :  C.  Lodge,  v.  9,  p.  582. 


HISTORY   AND    ORGANI/ATTON  253 

good  fortune  to  meet  Mr  Proctor,  who  is  the  secretary  of  the  New  York 
state  bar  association,  at  Albany,  and  whose  courtesy  and  valuable  sug- 
gestions are  here  gratefully  acknowledged.  Mr  Proctor  stated  his  ar- 
guments to  the  writer,  who  also  read  what  had  been  printed  by  Mr 
Proctor  upon  the  matter.  From  the  work  already  done  by  the  writer, 
he  was  inclined  to  be  more  skeptical  than  Mr  Lodge  as  to  the  conclu- 
siveness of  Mr  Proctor's  proof.  The  matter  seemed  to.demand  a  more 
extended  and  minute  research  than  had  been  yet  given  to  it.  From 
the  facts  already  detailed,  but  one  conclusion  can  be  reached.  The 
University  is  not  the  work  of  any  one  man.  Whether  the  whole  course 
of  legislation  be  considered,  or  only  the  act  of  1787,  still  it  can  not  be 
said  that  any  one  man  has  even  conceived  the  whole  idea.  There  is 
only  one  man,  whose  activity  from  first  to  last  was  constant  in  the  con- 
struction and  reconstruction  of  the  University,  and  that  man  is  neither 
Hamilton  nor  L'Hommedieu,  but  James  Duane,  the  mayor  of  New 
York.  He  introduced  the  original  bill  into  the  senate  in  1784,  which 
was  afterward  altered  in  the  interest  of  Columbia.  He  was  an  influ- 
ential regent  from  the  start,  and  unceasing  in  his  activity.  He  intro- 
duced in  the  senate  the  amendatory  bill  of  November,  1784.  He  was 
chairman  of  the  committee  which,  on  February  15,  1787,  reported  a 
plan  of  amendment,  and  he  was  a  member  of  the  final  compromise 
committee  of  the  regents  of  March  8,  1787.  It  is  not,  however,  in- 
tended here  to  claim  for  Duane  the  whole  honor  of  founding  the  Uni- 
versity. These  facts  render  it  impossible,  likewise,  to  attribute  this 
honor  chiefly  either  to  Hamilton,  or  to  L'Hommedieu,  neither  of  whom 
had  any  connection  with  the  earliest  founding,  and  who  have  been 
shown  to  be  merely  coworkers  with  Duane  and  Jay,  and  others,  in  the 
final  reconstruction.  At  the  same  time  it  seems  only  just  to  say  that 
upon  the  final  reorganization,  the  man  who  stands  out  most  conspic- 
uously for  the  broader  educational  ideas  which  have  become  dominant 
in  this  century,  is  not  Alexander  Hamilton,  but  Ezra  L'Hommedieu. 
Hamilton  has  been  half  deified,  but  we  are  not  bidden  to  render  even 
unto  God  the  things  that  are  Caesar's.  The  University  of  1787  was  a 
structure  reared  by  many  hands.' 

'  There  is  an  interesting  memoir  of  James  Duane  in  the  documentary  history  of 
New  York,  v.  4,  p.  1061.  It  can  not  be  supposed  that  a  man  of  Duane's  ability 
would  have  been  a  tool  in  the  hands  of  others  in  all  his  activity  regarding  the  Uni- 
versity. There  may  very  probably  exist  among  the  papers  of  Duane,  if  they  have 
been  preserved,  evidence  of  the  writer's  conjecture  that  to  him  a  large  measure  of 
credit  is  due  for  the  establishment  of  the  University. 


254  UNIVERSITY   OF  THE   STATE   OF  NEW   YORK 

CHAPTER    3 

AN  ERA  OF  EDUCATIONAL  REVOLUTION 

The  University  of  the  State  of  New  York  a  revolution. 

This  survey  of  the  period  from  the  close  of  the  war  in  1783,  until  the 
definitive  establishment  of  the  system  of  education  in  New  York  by  the 
act  of  1787,  has  made  very  evident  the  presence  of  a  new  spirit  and 
new  ideas  in  the  matter  of  education.  The  old  college  had  been,  in  its 
form  and  in  its  activity,  an  English  educational  corporation,  serving 
private  interests,  controlled  by  private  parties,  distinctly  under  ecclesi- 
astical influence,  looking  to  the  state  only  as  a  means  of  obtaining  occa- 
sional pecuniary  aid,  or  extension  of  privilege,  with  no  consciousness  of 
identification  with  the  political  life  of  the  state,  or  of  duties  toward  the 
state.  For  the  rest,  private  academies,  elementary  parish  schools,  or 
chance  schools  conducted  by  private  masters,  professional  training  ac- 
quired on  the  old  plan  of  educational  master  and  apprentice:  such 
was  the  condition.  New  York  in  1784  would  well  exemplify  the  ideal 
of  Herbert  Spencer  and  his  laissez-faire  disciples.  Individual  initiative 
had  no  rival  as  a  principle  of  educational  enterprise.  The  state  did 
not  venture  to  usurp  private  "  rights." 

Between  1783  and  1787  there  was  a  revolution.  An  attempt  on  the 
part  of  King's  college  to  capture  a  movement  for  the  establishment  of  a 
University,  and  thus  to  revive  the  old  corporation  with  greater  immuni- 
ties and  franchises  than  before,  was  met  b"  a  popular  opposition  to 
corporate  encroachmeu^jWhich  ended  in  lea  ng  to  Columbia  only  its 
own  charter,  with  its  government  thereunder  subject  to  the  inspection 
and  partial  control  of  the  state.  While  the  acts  of  1784  were  primarily 
in  the  interest  of  Columbia,  and  only  secondarily  in  the  interest  of  the 
state,  yet  the  movement  toward  the  wider  idea  steadily  grew  until,  in 
the  act  of  1787,  the  order  of  procedure  was  reversed.  The  University 
henceforth  overshadowed  the  college  and  the  system  became  a  truly 
state  system,  of  which  Columbia  was  merely  a  part. 

The  policy  of  the  ecclesiasts,  to  emasculate  freedom  of  thought  and 
to  retain  direction  of  education  by  test-oaths  and  regulations  as  to  the 
creed  of  professors  and  teachers,  was  likewise  defeated  by  positive  legis- 
lative provision. 

Not  only  in  these  special  practical  matters  had  the  new  idea  of  popu- 
lar political  rights  and  duties  in  education  become  strong  and  aggres- 
sive, but  an  idea  had  impressed  itself  upon  the  imagination  of  the 
people,  of  a  great  educational  system,  coextensive  with  the  political 
organization  of  the  state,  energized  and  controlled  by  the  state,  to  be 
used  for  the  good  of  the  state.     And  this  idea  had  taken  form  in   an 


lilSTORY   AND   ORGANIZATION  255 

organization,  which,  while  it  was  nominally  a  private  corporation,  had 
yet  no  private  interests  to  serve,  which  was  so  constituted  that  its  con- 
trolling members  must  always  be  among  the  foremost  men  in  the  state, 
and  whose  "  franchises,  immunities  and  privileges "  were  simply  the 
most  important  functions  of  a  state  department  of  education,  and  these 
it  was  obliged  to  perform  by  being  made  accountable  to  the  legislature 
which  created  it.  With  all  this  radical  innovation,  the  state  claimed  no 
monopoly  of  education.  Complete  freedom  was  left  to  private  individ- 
uals to  establish  schools  and  colleges  independent  of  the  state  system. 
Chairs  of  divinity  of  any  sect  could  be  freely  established  in  the  colleges 
subject  to  state  control. 

The  principles  of  state  education  in  New  York  were,  that  there  should 
be  a  state  system;  that  all  who  asked  the  benefits  of  the  state  system 
must  submit  to  state  control,  and  that  the  state  regulations  should  be 
such  as  to  permit  and  to  secure  the  highest  possible  freedom  to  individ- 
ual enterprise,  both  within  and  without  the  state  system.  Conservative 
as  the  founders  of  the  University  were  by  instinct  and  by  tradition, 
they  had  yet  grasped  firmly  the  principle  of  the  right  and  duty  of  state 
control  in  educational  affairs.  While  to  their  conservatism  is  due  the 
corporate  form  of  the  institution,  and  the  fact  that  it  actually  included 
in  its  scope  only  the  higher  and  secondary  schools,  yet  it  was  not  many 
years  before  the  more  democratic  idea  of  primary  schools  for  the  whole 
people  developed  into  a  fixed  policy  of  the  state,  and  became  realized 
in  the  state  department  of  public  instruction  already  described. 

The  Revolutionary  idea  not  English.  To  one  who  recognizes 
continuity  in  the  institu*^''onal  life  of  a  people,  the  question  naturally 
suggests  itself,  "Whenc^'came  these  new  ide-    . 

It  is  plain  that  they  were  not  English  in  origin.  The  corporate  form 
of  the  system,  many  details  of  its  government,  the  leaning  to  clerical 
influence  —  these  characteristics  may  well  be  considered  English.  But 
the  adaptation  of  the  machinery  to  its  un-English  uses,  the  new  motive 
power  and  directive  energy  and,  above  all,  the  idea  of  a  symmetrical 
state  system,  freed  from  ecclesiastical  influence  —  these  were  all  foreign 
to  the  English  character.  The  conservatism  in  the  change  was  Eng- 
lish. The  progressive  elements  came  from  other  sources.  If  any  proof 
of  this  proposition  is  needed  it  is  readily  furnished  by  tlic 

Contrast  between  the  University  and  the  English  universi- 
ties. It  is  commonly  said  that  Oxford  and  Cambridge  furnished  the 
models  for  the  University  of  the  State  of  New  York.  Oxford  and 
Cambridge  were  groups  of  colleges  associated  in  one  great  whole,  called 
the  University.  Such  it  is  true  was  also  the  University  of  the  State  of 
New  York,  and  there  can  be  little  doubt  that  the  English  university  or- 
ganization was  the  structural  idea  at  the  basis  of  the  New  York  plan. 
But  beyond  this  there  is  no  real  analogy.     All  the  colleges  of  the  Eng- 


256  UNIVERSITY   OF  THE   STATE   OF   NEW   YORK 

lish  university  -were  situated  in  one  town.  The  natural  application  of 
the  English  idea  to  New  York  at  that  time  would  have  been  to  estab- 
lish a  university  at  New  York  city,  where  alone  there  was  much  de- 
mand for  colleges,  leaving  to  the  future  the  development  of  similar  in- 
stitutions in  other  parts  of  the  state.  Again,  the  English  university 
was  a  great  self-governing  institution  with  jurisdiction  and  legislative 
control  over  territory;  it  was  a  corporation  such  as  a  chartered  town,  it 
had  feudal  immunities,  it  was  a  regnum  in  regno.  The  New  York  Uni- 
versity, although  a  corporation  with  chartered  rights,  was  yet  a  branch 
of  the  state  government,  created  by  the  legislature,  its  membership 
maintained  by  the  legislature,  accountable  to  the  legislature.  If  some 
special  administrative  committee  of  the  privy  council  in  England  had 
been  granted  a  corporate  form,  its  duties  and  responsibilities  remaining 
the  same  as  before  —  this  would  have  furnished  an  analogy  to  the  Uni- 
versity in  New  York.  "  It  had  duties,  not  rights,  in  relation  to  the 
state.'"  And  this  unique  state  department  was  adapted  with  such  pro- 
phetic skill  to  the  future  growth  of  the  state,  that,  from  1787  until  the 
present  day,  it  has  expanded  naturally,  without  essential  change,  to 
meet  every  need  of  the  state,  and  has  become  the  inspiration  of  some- 
what similar  systems  in  other  states  and  countries.  In  this  character  of 
practical  adjustment  to  new  needs,  it  may  be  granted,  the  English  spirit 
is  indeed  apparent. 

Again,  federation  is  the  principle  of  union  in  the  English  university 
system.  Mr  Bryce,  in  an  appendix  to  his  work  on  the  American  com- 
momcealth,  draws  a  remarkable  parallel  between  the  federative  system 
of  English  university  government  before  their  late  reconstruction,  and 
the  government  of  the  federal  union  of  the  United  States.  But  federa- 
tion did  not  describe  at  all  the  government  of  the  New  York  colleges  in 
the  University.  They  were  not  represented  in  the  board  of  regents. 
They  governed  themselves  except  for  the  supervision  of  the  University, 
and  this  supervision  was  the  authority  of  the  state  proceeding  outward 
from  its  center.  The  mild  government  which  is  exercised  by  the  re- 
gents is  imperial  in  its  character. 

New  York  created  a  new  personage  under  the  name  of  "regent." 
This  term  seems  to  have  been  first  used  in  the  old  University  of  Paris. 
It  signified  a  master,  who  by  his  very  character  of  master  was  qualified 
to  teach.  The  name  passed  over  to  the  English  universities.  A  rule 
grew  up  that  only  those  masters  actually  teaching,  the  "  regents  "  as  dis- 
tinguished from  the  non-regents,  should  have  a  right  to  vote  in  certain 
university  assemblies.  In  the  Oxford  convocation  and  the  Cambridge 
senate  both  regents  and  non-regents  voted.  The  regent  then  combined 
the  functions  of  teaching  and  governing.  At  Oxford  by  the  Laiidian 
'  Buisson,  M.  L'enseignement  sup6rieur  aux  Etats-unis.  (Revue  interna- 
tionale  de  l'enseignement,  Oct.  15, 1886). 


HISTORY   AND   ORCiANI/ATION  257 

statutes  of  1636,  the  government  was  practically  put  into  the  hands  of 
the  heads  of  colleges,  and  the  colleges  likewise  in  Cambridge  acquired 
a  larger  control.  New  York  seized  the  old  officer  and  name  and  put 
them  to  a  new  use.  The  regents  became  the  governing  and  not  the 
teaching  body.  The  teaching  and  governing  functions  became  entirely 
distinct.  This  use  of  "  regents  "  has  been  copied  by  Michigan,  and 
generally  by  the  state  universities  in  the  west. 

Revolutionary  idea  in  New  York  before  1784.  If  the  new 
revolutionary  ideas  wrought  out  in  the  founding  of  the  University 
are  not  of  direct  English  origin,  they  were  at  least  partly  indigenous  to 
New  York  soil,  and  indirectly  English.  We  have  seen  the  idea  of  state 
education  struggling  to  the  light  in  the  laws  of  1702  and  1732  for  the 
establishment  of  grammar  schools.  But  it  is  specially  in  connection 
with  the  founding  of  King's  college  that  the  new  idea  came  most  strongly 
into  view.  The  many  nationalities  and  religious  sects  in  the  colony 
tended  to  produce  jealousy  of  any  domination  by  a  particular  national 
or  sectional  element. 

**  An  act  for  vesting  in  trustees,  the  sum  of  ^3443,  i8s,  raised  by  way 
of  lottery,  for  erecting  a  college  within  this  colony,'"  passed  November 
25,  175 1,  appointed  10  trustees  for  the  fund.  The  members  of  the 
church  of  England  predominated  however,  and  Trinity  church  pro- 
posed to  grant  the  college  the  use  of  land  for  its  buildings.  William 
Livingston,  a  presbyterian  and  a  graduate  of  Yale,  a  cultured  and  able 
lawyer,  a  writer  of  sprightly  verse  and  vigorous  prose,  afterwards  gover- 
nor of  New  Jersey,  led  a  determined  crusade  against  the  plan  of  pro- 
curing a  royal  charter  for  the  college.  He  was  afraid  of  the  influence 
of  the  English  church,  since  that  church  so  largely  controlled  the  move- 
ment. His  articles,  published  in  the  Independent  reflector'-  in  1753, 
speak,  with  all  the  fervor  and  passion  of  the  French  writers  of  that 
period,  about  the  divinity  of  "  reason  "  and  the  curse  of  ecclesiasticism. 
This  William  Livingston  was  spoken  of  by  President  Timothy  Dwight 
as  a  man  of  most  versatile  ability.  He  was  nicknamed  the  "  Don 
Quixote  of  the  Jerseys."  He  was  delegate  from  New  Jersey  to  the  con- 
stitutional convention  of  1787.  Henry  Brockholst  Livingston,  one  of 
the  regents,  was  his  son,  and  John  Jay  married  his  eldest  daughter.  He 
was  a  cousin  of  Chancellor  Robert  R.  Livingston. 

The  germ  of  the  whole  modern  reform  in  education  is  contained  in 
his  arguments.  This  brilliant  man  represents  at  once  the  movement  for 
positive  knowledge  of  practical  value,  and  for  civil  as  against  ecclesiar- 
tical  control  in  education.  "  This,  therefore,  I  will  venture  to  lay  down 
for  a  capital  maxim,  that  unless  the  education  we  propose,  be  calculated 
to,  render  our  youth  better  members  of  society,  and  useful  to  the  public 

'  Pratt's  Annals  {see  Conv.   proc.  1873,  P-  191)- 

"These  articles  are  printed  in  Pratt's  Annals  (u-e  Conv.  proc.  1873,  P-  194-234)- 


258  UNIVERSITY   OF  THE   STATE   OP^   NEW   YORK 

in  proportion  to  its  expense,  we  had  better  be  without  it."  Education, 
he  claims,  "  is  to  improve  their  (the  youth)  hearts  and  understandings,  to 
infuse  a  public  spirit  and  love  of  their  country;  to  inspire  them  with  the 
principles  of  honor  and  probity,  with  a  fervent  zeal  for  liberty,  and  a 
diffusive  benevolence  for  mankind;  and  in  a  word,  to  make  them  the 
more  extensively  serviceable  to  the  commonwealth.'*'  He  refers  to 
Plato,  Aristotle  and  Lycurgus  as  making  "  the  education  of  youth  the 
principal  and  most  essential  duty  of  the  magistrate."  It  is  thus  to  the 
old  Hellenistic  spirit  that  the  modern  world  is  ultimately  indebted  for 
the  new  education,  an  education  which  strives  to  be  free  from  traditional 
bondage  of  every  sort,  which  is  organized  upon  state  rather  than  church 
foundations,  and  which  seeks  a  knowledge  practical  rather  than 
scholastic. 

It  is  interesting  to  compare  Livingston's  words  with  what  Montes- 
quieu has  said  :  "  Political  virtue,  or  virtue  proper  in  a  republic,"  writes 
Montesquieu,  "  is  the  love  of  country  and  of  equality.  It  is  in  a  repub- 
lican government,  that  the  whole  power  of  education  is  needed,  for  all 
depends  upon  the  establishment  of  this  political  virtue,  this  love  of  the 
laws  and  of  the  country,  this  love  which  demands  an  habitual  prefer- 
ment of  the  public  weal  to  one's  own  interest  and  which  is  the  source 
of  all  special  virtues,  for  they  are  all  nothing  but  this  preferment."  " 
And  the  Frenchman,  like  the  American,  mounts  to  Greek  sources  for 
his  doctrine. 

Livingston  has  harsh  words  for  the  old  colleges.  "  Freedom  of 
thought  rarely  penetrates  those  contracted  mansions  of  systematical 
learning."  They  are  the  source  of  "those  voluminous  compositions, 
and  that  learned  lumber  of  gloomy  pedants,  which  has  so  long  infested 
and  corrupted  the  world."*  The  proposed  college,  he  claims,  is  to  be  a 
"public  academy,"  and  "a  public  academy  is,  or  ought  to  be  a  mere 
civil  institution,  and  can  not  with  any  tolerable  propriety  be  monopo- 
lized by  any  religious  sect."  His  plan  for  the  charter  and  government 
of  the  proposed  college  contains  several  provisions  which,  while  ignored 
in  King's  college  as  established,  were  triumphant  in  the  organization  of 
the  University.  Several  features  of  his  plan  resemble  strongly  the 
French  schemes  of  the  next  decade  which  we  shall  presently  notice. 

1  He  argues  against  a  royal  charter  as  being  subject  to  the  caprice 
of  one  man's  will  to  change  or  repeal. 

2  "Societies  have  an  indisputable  right  to  direct  the  education  of 
their  youthful  members."  He  bases  this  proposition  upon  the  social 
nature  of  man,  and  the  obligations  of  civil  government.  "  Sensible  of 
this,"  says  he,  "was  the  Spartan  lawgiver,  who  claimed  the  education 

'  Independent  reflector,  no.  13,  March  23,  1753. 
*  Esprit  des  lois,  v.  4,  ch.  5. 

3  Independent  reflector,  no.  17. 


HISTORY   AND   ORGANIZATION  259 

of  the  Lacedaemonian  youth,  as  the  inalienable  right  of  the  common- 
wealth." 

3  He  claims  that,  therefore,  the  "legislatures  are  the  lawful  guar- 
dians" of ^ the  college,  and  that  it  should  be  incorporated  by  "act  of 
assembly,"  and  "be  under  the  inspection  of  the  civil  authority."  He 
urges  that  private  contributions  will  be  inadequate  to  erect  a  University 
which  would  "  arrive  at  any  considerable  degree  of  grandeur  or  utility. 
The  expense  attending  the  first  erection,  and  continual  support  of  so 
great  a  work,  requires  the  united  aid  of  the  public."  If  thus  supported 
by  the  public,  it  ought  to  be  created  and  superintended  by  the  legisla- 
ture. 

4  The  advantages  from  such  an  institution  are  general  and  for  the 
public  good,  and  should  be  the  public  care.  He  asks:  "Are  the  rise  of 
arts,  the  improvement  of  husbandry,  the  increase  of  trade,  the  ad- 
vancement of  knowledge  in  law,  physic,  morality,  policy  and  the  rules 
of  justice  and  civil  government  subjects  beneath  the  attention  of  our 
legislature  ?  " 

5  He  claims  that  the  public  control  would  prevent  both  domination 
by  any  sect  or  party  and  corruption  in  the  officials,  and  that  larger  pri- 
vate donations  may  be  expected  than  if  the  college  were  under  royal 
control. 

6  He  would  have  no  establishment  of  any  particular  religious  pro- 
fession in  the  college.  No  protestant  was  to  be  disqualified  on  account 
of  his  religious  persuasion,  from  sustaining  any  office  in  the  college. 
There  was  to  be  no  chair  of  divinity. 

7  "All  the  trustees  are  to  be  nominated,  appointed  and  incorporated 
by  the  act  and,  whenever  an  avoidance  among  them  shall  happen,  the 
same  (shall)  be  reported  by  the  corporation  to  the  next  sessions  of 
assembly,  and  such  vacancy  supplied  by  legislative  act."  The  governor, 
ffie  council  and  the  general  assembly  are  all  to  concur  in  these' 
elections. 

8  The  election  and  deposition  of  the  president  by  the  trustees  are  to 
require  legislative  confirmation  to  be  valid.  "By  this  means,  the 
president,  who  will  have  the  supreme  superintendency  of  the  education 
of  our  youth,  will  be  kept  in  a  continual  and  ultimate  dependence  upon 
the  public." 

9  The  by-laws  made  by  the  president  and  trustees  are  also  to  require 
legislative  approval  to  be  valid. 

10  He  would  have  the  "Act  of  incorporation  contain  as  many  rules 
and  directions  for  the  government  of  the  college  as  can  be  foreseen  to 
be  necessary."  The  object  of  this  is  to  preserve  the  "  guardianship  of 
the  legislature,"  and  prevent  "arbitrary  domination  in  the  college." 
He  would  give  inferior  officers  and  students  an  action  at  law  for  every 
injury  against  their  rights. 


26o  UNIVERSITY   OF  THE   STATE   OF   NEW    YORK 

Here  is  seen  the  spirit  of  the  American  revolution,  the  resistance  to 
arbitrary  power;  the  passion  for  self-government. 

1 1  He  proposes  the  establishing  by  act  of  legislature  of  "  two  govern- 
ment schools  in  every  county,"  their  "  guardians  "  to  be  annually  elected 
by  the  people  of  the  county,  and  the  expense  of  their  maintenance  to  be 
a  county  charge.  This  is  one  of  the  most  remarkable  features  of  his 
'scheme.  He  conceives  it  to  be  necessary  in  order  to  secure  the  success 
of  the  college.  They  would  be  accessible  to  the  young  men  in  every 
part  of  the  colony  and  would  become  feeding  schools  for  the  college. 
But  it  is  their  public  character  which  most  draws  our  attention.  He 
was  a  century  in  advance  of  the  legislature  of  his  state,  in  his  ideas,  nor 
have  we  indeed  yet  advanced  so  far  as  his  plan. 

Unless  his  plan  for  the  college  is  carried  out  he  fears  it  may 
"prove  a  perpetual  spring  of  public  misery  —  a  cage,  as  the  Scripture 
speaks,  of  every  unclean  bird  —  the  nursery  of  bigotry  and  superstition  — 
an  engine  of  persecution,  slavery  and  oppression  —  a  fountain  whose 
putrid  and  infectious  streams  will  overflow  the  land,  and  poison  all  our 
enjoyments." 

After  developing  his  plan  he  issued,  in  number  22  of  the  Independent 
reflector,  an  address  to  the  "inhabitants  of  the  province,"  full  of 
grandiose  invocation  to  the  "  Genius  of  liberty,"  the  "  Awful  name  of 
reason  "and  the  "Spirit  of  patriotism."  "When  shall  Ave  have  one 
interest  "he  exclaims,  "  and  that  interest  the  common  good."  He  is 
fearful  lest  "  this  precious  and  never-to-be  surrendered  equality  will  be 
destroyed."  He  pleads  :  "let  us,  therefore,  strive  to  have  the  college 
founded  on  an  ample,  a  generous,  an  universal  plan.  Let  not  the  seat 
of  literature,  the  abode  of  the  muses,  and  the  nurse  of  science,  be  trans- 
formed into  a  cloister  of  bigots,  an  habitation  of  superstition,  a  nursery 
of  ghostly  tyranny,  a  school  of  rabbinical  jargon."  "  The  legislature 
alone  should  have  the  direction  of  so  important  an  establishment,"  he 
continues,  "in  their  hands  it  is  safer,  incomparably  safer,  than  in  those 
of  a  party,  who  will  instantly  discern  a  thirst  for  dominion  and  lord  it 
over  the  rest."  His  proposals  and  his  address  were  in  vain.  The 
college  received  the  royal  charter.  But  the  history  which  we  have 
traced  of  the  attempt  to  found  the  University  30  years  later,  was  a  ful- 
filment of  his  prophecy.  It  was  the  "thirst  for  dominion  "  of  this 
same  corporation  which  nearly  succeeded  in  wrecking  the  movement 
for  a  University  upon  a  broad  civil  foundation.  The  fervid  language 
of  Livingston  grates  upon  our  ears  to-day,  but  the  chief  practical  fea- 
tures of  his  plan,  won  a  triumph  in  the  final  establishment  of  the  Uni- 
versity. The  controversy  over  the  founding  of  King's  college  fore- 
shadowed the  later  controversy  over  the  founding  of  the  University. 
It  is  impossible  not  to  conjecture  that  the  founders  of  the  University 
studied  the  plans  of  Governor  Livingston. 


HISTORY   Ax\U   ORGANIZATION  261 

Era  of  educational   revolution  in  America,  1776-89.     But 

the  current  of  revolution  in  education  which  produced  the  Univer- 
sity in  New  York  had  wider  sources  than  the  broadsides  of  the  versa- 
tile governor  of  New  Jersey.  It  needs  but  a  glance  at  the  history  of 
the  United  States,  from  the  declaration  of  independence  till  the  organi- 
zation of  the  federal  government,  to  show  as  complete  a  revolution  in 
educational  ideas  and  plans  as  in  political  institutions.  Everywhere 
throughout  the  new  states,  even  during  the  turmoil  and  struggle  of  the 
war  and  the  equally  momentous  turmoil  and  struggle  of  the  reconstruc- 
tion period,  we  see  the  new  consciousness  of  political  freedom  and  self- 
government  expressing  itself  in  efforts  toward  a  system  of  education, 
free  from  the  domination  of  old  traditions,  political  and  ecclesiastical. 
Nowhere  is  this  tendency  more  apparent  than  in  the  provisions  of  some 
of  the  new  state  constitutions. 

Georgia.  The  constitution  of  Georgia  adopted  in  1777,  provides 
that  "schools  shall  be  erected  in  each  county  and  supported  at  the  gen- 
eral expense  of  the  state,  as  the  legislature  shall  hereafter  point  out." 
This  was  followed  up  by  the  legislature,  which  passed  in  1783  an  act, 
authorizing  the  governor  to  grant  1,000  acres  of  vacant  land  for  the  es- 
tablishment of  free  county  schools.'^ 

The  message  of  the  governor  of  Georgia  to  the  legislature  in  July  1 783, 
urging  the  establishment  of  seminaries  of  learning,  suggests  a  doubt  as 
to  the  originality  of  Governor  Clinton  in  his  similar  message  of  January 
1784.  The  University  of  Georgia,  founded  in  1785,  with  its  general  su- 
pervision over  the  literary  interests  of  the  state,  and  including  within 
its  organization  all  the  public  schools  of  the  state,^  may  well  have 
been  suggested  by  the  plan  of  the  New  York  University.  The  same 
liberal  si)irit  in  religious  matters  is  evident  here. 

North  Carolina.  The  constitution  of  North  Carolina,  adopted  in 
1776,  renders  all  clergymen  incapable  of  sitting  in  any  branch  of  the 
state  legislature,  and  forbids  any  established  church.  It  provides: 
"  That  a  school  or  schools  shall  be  established  by  the  legislature  for  the 
convenient  instruction  of  youth,  with  such  salaries  to  the  masters,  paid 
by  the  public,  as  may  enable  them  to  instruct  at  low  prices;  and  all 
useful  learning  shall  be  duly  encouraged  or  promoted  in  one  or  more 
universities."'  In  1789,  the  University  of  North  Carolina  was  estab- 
lished. Its  trustees  are  appointees  of  the  government.  In  its  incorpo- 
ration the  duty  of  the  state  to  provide  for  the  education  of  the  young  is 

'  Poore's  charters,  i:  383. 

■^  Jones,    C:  E.     Education  in  Georgia   {see  Bureau  of    education,  circular  of 
information,  no.  4,  18S8). 

^  Jones.     Education  in  Georgia,  p.  40-43. 
■*  Poore's  charter,  2:  1413-14. 


262  UNIVERSITY   OF  THE   STATE   OF   NEW   YORK 

recognized.     North    Carolina    had    made    many  attempts    to  establish 
semi-public  schools  before  the  revolution.' 

Pennsylvania.  The  Pennsylvania  constitution  of  1776,'  adopted 
a  few  months  earlier  than  that  of  North  Carolina,  contains,  verbatim, 
the  same  provision  in  regard  to  the  establishment  of  schools  and  uni- 
versities, except  that  a  more  direct  political  idea  is  seen  in  the  fact  that 
these  schools  are  to  be  "in  each  county."  Pennsylvania  from  the  be- 
ginning has  recognized  to  some  extent  the  state  idea  in  education. 
This  idea  is  contained  in  Penn's  charter.  Penn  himself  displayed 
some  activity  in  this  direction,  and  his  grammar  school  founded  in  1689 
was  a  quasi-public  institution.  Benjamin  Franklin  in  1749  propounded 
a  scheme  for  an  academy,  with  a  system  of  elementary  schools.  This 
led  to  the  establishment,  a  few  years  later,  of  an  academy,  which  soon 
became  a  college,  and  grew  eventually  into  the  University  of  Pennsyl- 
vania. This  institution  was  founded  in  1779,  in  the  very  midst  of  the 
war.^     After  the  war  the  state  activity  in  education  vastly  increased. 

Massachusetts.  Massachusetts  was  begun  in  revolt  against 
the  domination  of  the  church.  The  Plymouth  colony  brought  ideas 
of  public  schools  from  Holland.  The  board  of  overseers  of  Har- 
vard college  was  practically  a  public  board  of  control.  In  fact  it  had 
some  resemblance  to  the  first  board  of  regents  in  New  York,  except 
that  it  had  control  only  over  the  single  foundation,  whereas  the  New 
York  idea  contemplated  an  organized  system  of  educational  institutions 
throughout  the  entire  state.  The  educational  revolution  in  Massachu- 
setts may  be  said  to  have  begun  with  the  very  founding  of  the  colonies. 

Virginia.  The  most  notable  of  all  these  plans  for  an  educational 
revolution  was  that  of  Thomas  Jefferson.  In  1776,  as  he  tells  in  his 
autobiography,  he  conceived  the  idea  that  the  whole  code  of  Virginia 
must  be  reviewed  and  adapted  "to  our  republican  form  of  government." 
He  proposed  a  bill  to  revise  the  laws  and  was  appointed  on  a  committee 
with  four  others,  charged  with  this  duty.  In  1779  they  presented  their 
plan  to  the  general  assembly.  Four  bills  especially  were  regarded  by 
Jefferson,  "  as  forming  a  system  by  which  every  fiber  would  be  eradi- 
cated of  ancient  or  future  aristocracy  ;  and  a  foundation  laid  for  a  gov- 
ernment truly  republican."  These  four  bills  were  :  for  the  repeal  of 
the  laws  of  entail  ;  for  the  abolition  of  primogeniture  ;  for  establishing 
religious  freedom  ;  and  for  a  general  system  of  education.  This  last 
measure  was  the  work  of  Jefferson  himself.  His  "systematical  plan  of 
general  education  "  is  described  by  him  as  being  proposed  in  three  bills. 

'  Smith,  C:  L.  History  of  education  in  North  Carolina  (^see  Bureau  of  educa- 
tion,  circular  of  information,  no.  2,  1888). 

-  Poore's  charters,  2:  1547. 

2  Blackmar,  F:  W.  History  of  federal  and  state  aid  to  higher  education  {see 
Bureau  of  education,  circular  of  information,  no.  i,   iSgo). 


HISTORY   AND   ORGANIZATION  263 

"(i)  Elementary  schools  for  all  children  generally,  rich  and  poor. 
(2)  Colleges  for  a  middle  degree  of  instruction,  calculated  for  the  common 
purposes  of  life,  and  such  as  would  be  desirable  for  all  who  were  in 
easy  circumstances,  and  (3)  an  ultimate  grade  for  teaching  the  sciences 
generally,  and  in  their  highest  degree."  There  was  to  be  a  subdivision 
of  the  state  into  "hundreds  or  wards"  in  each  of  which  should  be  an 
elementary  school.  He  provided  also  for  another  subdivision  into  24 
districts,  with  a  college  in  each.  William  and  Mary  college  was  to  be 
enlarged  in  its  scope,  and  made  into  a  university.  The  schools  were  to 
be  supported  by  tax. 

Popular  opposition  to  William  and  Mary  college,  which  was  a  Church 
of  England  institution,  defeated  Jefferson's  whole  plan,  and  thus  de- 
layed the  educational  progress  of  the  state  several  generations.  But 
the  plan  stands  as  one  of  the  greatest  ideas  of  this  philosophical  states- 
man. It  bears  comparison  with  the  plans  of  Turgot  and  his  predeces- 
sors, with  those  of  Mirabeau,  Talleyrand,  Condorcet  and  Napoleon, 
and  with  the  great  system  of  New  York  which  Jefferson  himself  pointed 
to  in  1820  as  putting  to  shame  his  tardy  state.'  Jefferson,  likewise, 
dreamed,  as  did  Washington,  of  a  national  university,  which  should 
stand  for  the  united  people,  and  represent  the  national  life. 

Political  revolution  and  educational  revolution.  It  is  signifi- 
cant that  the  same  man  who  strove  to  disestablish  the  English  church  in 
Virginia,  proposed  also  this  great  plan  for  public  education.  There  is 
a  real  connection  between  these  facts.  Enough  has  been  said  to  show 
how  general  among  the  colonies  was  the  new  idea  of  state  education, 
accompanying  the  political  revolution.  In  the  colonies,  as  in  Europe, 
education  had  been  regarded  as  the  peculiar  care  of  the  church.  It  was 
the  concern  of  the  state  only  as  the  church  was  allied  to  the  state.  Noth- 
ing shows  more  clearly  than  the  early  educational  enterprises  in  Vir- 
ginia, how  the  whole  spring  and  scope  of  education  was  religious,  eccle- 
siastical. It  was  such  motives  as  the  "  training  of  the  youth  in  piety  and 
virtue,"  the  providing  of  a  "seminary  of  ministers  of  the  Gospel,"  the 
"  educating  of  infidel  children  in  the  true  knowledge  of  God,"  which 
led  the  colonists  generally  to  establish  schools.  Before  the  middle  of 
the  1 8th  century,  few  and  feeble  were  the  steps  taken  in  America  toward 
that  fair  old  Platonic  ideal,  of  an  education   by  the   state  and  for  the 

'  An  exhaustive  account  of  Jefferson's  activity  in  the  development  of  state  edu- 
cation  is  given  by  Dr  H.  B.  Adams  in  two  of  the  monographs  published  by  the 
Bureau  of  Education:  "The  College  of  William  and  Mary,"  circular  no.  i,  18S7; 
and  "Thomas  Jefferson  and  the  University  of  Virginia,"  circular  no.  i,  i8S3.  A 
collection  of  documents  relating  to  public  education  in  Virginia  was  published  at 
Richmond  in  1817.  This  book  contains  Jefferson's  first  bill  of  1779,  which  pro- 
vided for  elementary  schools  and  colleges  or  grammar  schools.  It  also  has  alet- 
tir  from  Jefferson  to  Peter  Carr,  written  in  1814,  detailing  a  similar  plan.  The 
volurfie  has  various  other  important  documents  relating  to  this  subject. 


264  UNIVERSITY   OF   THE    STATE   OF   NEW   YORK 

State.  It  was  the  revival  in  the  latter  half  of  the  last  century  of  the 
Greek  state-idea,  as  against  the  Romish  church-i^ea,  which  has  led  to 
the  educational  systems  of  our  day.  Against  the  idea  of  authority  is 
opposed  the  idea  of  liberty.  But  the  Americans  did  not  discover  or  in- 
vent liberty.  While  in  the  essay  of  John  Locke  on  education,  he  does 
not  advocate  state  activity,  yet  there  is  latent,  in  the  sensational  psy- 
chology which  he  represents,  the  spirit  of  freedom  of  thought,  and  hence 
the  spirit  of  war  against  ecclesiastical  control.  A  church  may  perhaps 
dictate  a  man's  intuitions;  but  no  church  can  dictate  the  impressions 
which  things  make  upon  sense.  Revolt  against  ecclesiasticism  would 
naturally  lead,  in  educational  matters,  to  a  substitution  of  the  state  for 
the  church. 

There  is  another  reason  why  upon  acquiring  independence,  the 
American  states  founded  public  schools.  Colonial  governments  founded 
on  charters  were  in  the  nature  of  corporations.  Some  of  these  charters 
provide  for  the  establishment  of  schools  and  churches.  With  the  growth 
of  colonial  independence,  with  the  transition  from  the  consciousness  of 
a  corporate  existence  and  activity  to  the  consciousness  of  a  political 
sovereignty,  the  idea  of  state  education  would  be  a  natural  one.  The 
care  of  education,  which  had  been  a  duty  imposed  upon  the  corporation 
of  the  royal  charter,  became  with  the  growth  of  self-government,  a  right, 
no  less  than  a  duty,  in  the  state.  This  explains  the  appearance,  in  some 
of  the  colonies,  of  institutions  partly  supported  and  partly  controlled  by 
the  colony.  With  complete  independence  would  come  the  thought  of 
complete  state  education.  And  here  again  it  is  necessary  to  pay  tribute 
to  John  Locke.  The  English  philosophy  of  political  freedom,  so  well 
represented  in  him,  had  taken  deep  root  in  all  the  colonies.  His  second 
essay  on  government,  in  which  he  defended  the  revolution  of  1688,  con- 
tains much  of  the  very  language  of  the  declaration  of  independence 
and  of  other  political  writings  in  the  colonies,  assertive  of  their  civil 
and  religious  rights.  Locke  indeed  went  further  than  they.  His  at- 
tempted defense  of  private  property,  as  resting  on  the  rights  of  labor,  is 
the  very  basis  of  the  socialistic  philosophy  of  this  century. 

Educational  revolution  in  Europe.  But  the  direct  influence 
upon  the  colonists  of  the  philosophy  of  Locke  can  not  account  for  the 
whole  revolt,  for  its  depth  and  its  intensity,  and  especially  for  the  ideal- 
istic element;  the  dream  of  empire,  the  symmetry  of  plan,  the  central- 
izing tendency.  The  educational  development,  in  New  York  and  gen- 
erally throughout  the  states,  has  been  toward  centralization,  not  federa- 
tion, as  a  principle  of  union.  If  we  turn  our  eyes  to  continental  Europe 
during  this  period,  we  shall  see  that  the  educational  revolution  was  not 
merely  American,  but  international.  Frederick  the  Great  was  planning 
a  systematic  and  centralized  organization  of  education  for  the  Prussian 
state,  which  he  had  been  laboriously  building  up  during  his  long  reign 


HISTORY   AND   ORGANIZATION  265 

from  1740  to  1786.  Even  Catherine  of  Russia  was  devising  a  new  uni- 
versity  for  her  reahii.  In  Austria,  Maria  Theresa  had  well  nigh  wrested 
the  schools  from  the  control  of  the  church,  and  had  expelled  the  Jesuits. 
She  began  the  reforms,  which  her  son  Joseph  2  wrought  out  during 
that  very  decade  which  saw  the  establishment  of  the  University  of  the 
State  of  New  York.  This  idealistic  and  revolutionary  ruler  established, 
between  1780  and  1790,  an  ideal  organization  of  education —  a  gradation 
of  state  institutions,  rising  from  elementary  schools  in  the  smallest  dis- 
tricts, through  gymnasia  and  lyceums  to  the  University.  There  were,  be- 
sides, normal  and  industrial  schools,  and  a  thorough  system  of  state  in- 
spection.' 

France,  the  nursery  of  the  educational  revolution.  It  is  not, 
however,  to  Prussia  or  to  Austria  that  we  must  look  for  the  inspiration 
of  the  new  educational  ideas;  but  to  France,  to  idealistic  France,  to 
the  France  of  the  encyclopedia  and  the  revolution.  The  three  es- 
sential ideas  in  19th  century  education  are:  freedom  of  thought,  state 
control  and  a  centralized  form  of  organization.  It  is  Athens  and  Sparta 
and  Rome  brought  back.  It  is  to  the  French  philosophers  of  the  last 
century  that  we  owe  this  Greek  revival,  and  it  is  to  French  administra- 
tion that  we  owe  the  revival  of  the  imperial  organization  of  old  Rome. 
It  was  the  methods  of  French  absolutism  which  taught  the  early  Prus- 
sian rulers  the  philosophy  of  centralization,  and  perhaps  the  highest 
justification  of  Frederick's  title  of  "  Great  "  was  his  capacity  to  appro- 
priate and  assimilate  French  ideas  and  French  culture.  Stein  was  a 
disciple  of  Turgot.  Joseph  of  Austria  was  an  ardent  follower  of  the 
French  encyclopedists.  His  adviser  in  educational  matters,  Gottfried 
von  Swieten,  by  whose  aid  his  reforms  were  planned,  was  steeped  in 
the  new  French  philosophy.  Catherine  of  Russia  applied  to  Diderot, 
the  creator  of  the  encyclopedia,  for  a  plan  for  her  proposed  university. 
This  plan,  written  in  1774,  contains  in  outline  the  features  of  the  re- 
formed  education. - 

The  medieval  University  of  Paris  was  the  model  and  parent  of  the 
chief  universities  in  Germany  and  Great  Britain.  From  the  beginning, 
this  university  was  undemocratic,  with  a  tendency  to  centralization. 
But  this  spirit  of  centralization  grew  more  rapidly  in  Paris  than  in  Ger- 
many, England  or  Scotland.^*  The  edict  of  Blois  in  1579  proposed  an 
organization,  into  one  system,  of  all  the  universities  of  France  — an 
idea  which  became  realized  in  Napoleon's  University  of  France  in  jSo8. 
In  England,  on  the  contrary,  the  colleges  grew  to  govern  the  university.^ 

'  Schmid.  Encyclopaedic  des  Erziehungswesens,  art.  Maria  Theresa,  Joseph 
2,  Oesterreich. 

'  Diderot.     Oeuvres  completes  (Tourneaux,  1876-77),  vol.   2  and  3. 

^Encyclopaedia  Brittanica.  art.  University  (Mullinger). 

^Hamihon,  Sir  William.     Essays.     University  and  colleges.    Printed   in  part  in 
Barnard's  American  journal  of  educatio'-^  v.  ?4,  p.  409, 
34 


266  UNIVERSITY   OF   THE   STATE   OF   NEW   YORK 

Before  the  colonization  of  America,  the  government  of  the  English  uni- 
versity was  largely  decentralized.  But  France  strove  to  apply  to  edu- 
cation, as  to  all  parts  of  the  social  organization,  the  imperial  idea  of 
Rome.  It  is,  however,  in  the  secularization  of  learning  and  the  revival 
of  state  education,  that  France  has  achieved  the  most  signal  triumph. 

In  1762,  the  Jesuits,  who  had  previously  controlled  education  were 
expelled.  From  this  time,  until  Napoleon  established  his  new  university 
in  1808,  it  was  a  period  of  ferment  and  revolution  in  educational  mat- 
ters. The  educational  revolution  in  France  preceded  the  political 
revolution. 

La  Chalotais  was  one  of  the  chief  promoters  of  the  expulsion  of  the 
Jesuits.  The  following  year  he  addressed  to  the  parliament  a  memorial, 
entitled,  "Essay  on  national  education  or  a  plan  of  study  for  youth." 
It  was  translated  into  Dutch,  Russian  and  German,  and  gained  a  wide 
popularity.  The  system  he  urged  was  one  of  thorough,  all  round  train- 
ing for  practical  ends.  The  state  ought  to  give  to  each  person  that 
education  which  was  best  suited  to  him.  Men  would  be  trained  to 
become  able  servants  of  the  state.  "  The  children  of  the  state  ought 
to  be  taught  by  the  state."  A  civil  education  should  be  substituted  for 
the  ecclesiastical  education  they  had  abolished.  He  goes  back  to 
Greece  and  Rome  for  his  ideas.' 

Rolland  d'Erceville  was  president  of  the  parliament  which  expelled 
the  Jesuits.  He  was  a  persistent  enemy  of  the  order  and  earnest  in  his 
efforts  to  build  up  a  new  national  system.  His  report  to  the  parliament 
of  Paris  in  1768  contains  a  memorable  plan  for  a  national  system  of 
education.  His  great  idea  was  to  have  the  teaching  bodies,  the  colleges, 
subject  to  the  visitation  and  control,  not  of  the  bishops  and  clergy  as 
heretofore,  but  of  a  "  Bureau  of  correspondence,"  which  was  to  be  a 
branch  of  the  secular  government.  The  idea  was  precisely  that  which 
found  practical  form  in  the  organization  of  the  University  of  the  State 
of  New  York.  Both  these  men  were  followers  of  Rousseau,  who  ex- 
alted nature  as  the  great  teacher.  "  Natural  liberty,"  "  natural  rights," 
were  the  watchwords  of  the  party.  Diderot  and  the  encyclopedists, 
generally,  were  of  the  same  school  of  thought.  It  was  a  great  revolt  of 
the  human  mind  against  the  principle  of  arbitrary  authority  — a  revolt 
that  extended  to  every  department  of  man's  activity.  The  natural 
sciences,  positive  knowledge,  were  exalted  as  against  scholastic  dogma- 
tism. It  was  the  theory  of  freedom  and  equality  in  the  state,  of  re- 
ligious tolerance,  of  sense  as  the  source  of  knowledge.  Again  we  turn 
to  Locke  as  the  immediate  source  of  this  movement.  It  was  Locke  who 
inspired  Rousseau.  But  France  was  more  priest-ridden  than  England 
^The  writer  regrets  that  he  has  not  been  able  to  see  this  work,  nor  the  report  of 
Rolland  to  be  next  mentioned.  He  has  relied  on  Buisson's  Didionaire  di  peda- 
gogic, and  other  accounts  of  thesp  'wo  writers. 


HISTORY    A.\I)    ORC.WI/.A'rrON-  267 

and  carried  the  doctrines  to  a  feverish  culmination.     Conspicuous  amid 
the  crowd  of  writers  who  tried  to   bring  order  out   of   the   chaos   into 
which  education  in  France  had  been  thrown,  stands  Turgot,  the  great 
minister  of  state,  who,  while  true  to  the  new  ideas,  yet  tried  to  revolution- 
ize without  destruction.     It  is  interesting  to  contrast  the  educational 
theories  of  Adam  Smith  and  Turgot,  personal  friends,  and  alike  in  much 
of  their  economic   theory.     Smith  in    1776  published   his    Wealth  0/ ^ 
nations,  in  which  he  advocates  private  enterprise  as  the  one  principle  of 
education,  except  that  he  would  have  governmental  activity  to  some  ex- 
tent in  the  primary  schools.     In  1775,  Turgot  addressed  to  the  king  a 
Memorial  on  the  governinent  of  nations}     In  this  work  Turgot  sought  to 
show  a  way  of  rescue  from  the  disasters  that  were  threatening  the  na- 
tion.     He  finds  the  cause  of  the  evil  in  the  lack  of  order  and  of  union 
in  the  social  organization.     The  feeling  of  a  common  interest  must  be 
made  evident.     "  Individuals  must  be  attached  to  their  families,  fami- 
lies to  their  villages  or  cities,  the  cities  or  villages  to  their  arrondisse- 
ments,  the  arrondissements  to  the  provinces  and  the  provinces  to  the 
state."    The  means  by  which  he  proposes  to  bring  about  this  social  har- 
mony, is  a  national  system  of  education.      There  should  be  a  "  Council 
of    national    instruction,"    which  should    have    control    over    all    the 
"academies,  the   universities,  the   colleges  and  the   primary  schools." 
It  is  a  plan  as  socialistic  in  its  character  as  that  of  Adam  Smith  is  in- 
dividualistic.    These  two  men  represent  well  the  national  differences  in 
educational  theory  at  that  time.     We  can  not  here  pursue  this  subject 
further.     When   the  revolution  came,   the  question  of  education  was 
one  of  the  most  prominent  in  the  legislative  bodies.     Mirabeau,  Talley- 
rand and  Condorcet  and  others  presented  reports  and  plans  upon  the 
subject  of  a  national  education.     Ever  since   1762    France  had   been 
flooded  with  writings  upon   the  organization  of  education.     The   at- 
tempt by  the  civil  authority  to  manage  the  schools  failed  for  want  of 
competent  instructors,  and  the  clergy  partially  regained  control. 

In  the  drastic  demolition  of  the  revolution,  the  old  university  and 
existing  schools  were  swept  away.  There  was  chaos  until  the  admin- 
istrative genius  of  Napoleon  created  the  University  of  France,  the 
resurrection  of  the  old  imperial  methods;  but  more  symmetrical  and 
scientific.  The  plans,  multitudinous  as  they  were  from  1762  to  1808, 
were  substantially  of  one  type,  a  centralized  organization,  a  graded  system 
of  instruction,  primary  schools  in  every  commune  for  all  children, 
lyceums  in  the  larger  divisions,  colleges  in  the  departments,  a  great 
university  at  Paris,  a  hierarchy  of  secular  teachers  to  replace  the  hier- 
archy of  the  teaching  orders.  The  state  was  to  be  the  "  all  in  all "  of 
'  Turgot.  Memoire  au  Roi,  sur  les  municipalities,  sur  la  hierarchic  qu'oa 
pourrait  etablir  entre  elles,  et  sur  les  services  que  le  gouvernement  en  pourrait 
tirer  {see  his  Oeuvres.     Paris,  1884.     vol.  2,  p.   502). 


268  UiNIVERSITY    OF   THE    STATE    OF    NEW    YORK 

the  system.  Education  was  to  be  universal,  compulsory  and  gratuitous. 
This  educational  despotism  was  taught  with  fervor  by  the  revolutionists. 

Nothing  is  more  striking  in  this  great  mass  of  writings,  than  the 
revival  of  Greek  ideas  of  education.  The  education  is  to  be  complete, 
physical,  mental  and  in  the  political  virtues.  It  is  an  education  for 
the  state.  In  the  reaction  against  clericalism,  the  state  is  enthroned. 
Society  takes  the  place  of  the  church  ;  nature,  the  place  of  God.  It  is 
Greek,  through  and  through.  Rousseau  and  others  consciously  follow 
Plato.  In  one  plan  it  is  even  proposed  to  revive  the  Spartan  training. 
We  have  seen  how  Franklin  and  William  Livingston  and  Jefferson  had 
planned  in  the  same  way.  It  v/as  a  period  of  general  emancipation. 
No  doubt  it  was  partly  spontaneous  in  Germany,  in  Austria  and  in 
America  as  well  as  in  France.  But  new  ideas  fly  far  and  fast.  They 
do  not  respect  national  boundaries.  The  educational  revolution  of 
the  last  century  was  but  a  part  of  the  same  awakening  to  new  life, 
which  found  expression  in  political  revolution  and  in  the  growth  of 
science.  It  was  the  dawning  of  the  new  age,  the  second  and  the  greater 
renaissance,  the  return  of  the  19th  century  to  classic  Greece.  And 
while  the  spirit  was  at  work  elsewhere,  it  was  in  the  France  of  the  latter 
half  of  the  i8th  century,  that  we  find  the  real  nursery  of  the  new  educa- 
tional ideas  and  systems.  Thence  they  were  transplanted  into  Prussia 
and  Austria,  and,  in  this  generation,  into  England.  If  Italy  was  the 
home  of  the  earlier  revival  of  learning,  this  later  stream  of  humanism 
flowed  from  France. 

In  Italy,  where  the  renaissance  began,  the  organization  of  universities 
was  democratic  and  the  learning  was  secular.  The  University  of 
Paris,  centralized  in  its  government  and  theological  in  its  teaching,  be- 
came conservative  and  obstructive  to  progress.  And  in  the  i8th  cen- 
tury, it  was  a  democratic  and  secular  impulse  which  wrought  the  later 
renaissance  in  France.  But  this  new  movement  was  a  revolt,  not 
against  organization,  but  against  the  controlling  forces.  The  French 
republican  dreamers  constructed  systems  of  centralized  education. 
The  19th  century  thus  learns  from  France  a  new  doctrine  in  govern- 
ment —  an  imperial  organization,  energized  by  popular  freedom;  a 
centralized  administration,  exercised  by  the  people  themselves;  an  im- 
perial democracy;  a  democratic  socialism.  University  and  state  alike 
are  learning  this  doctrine.  An  organization  truly  democratic  is  anarchy. 
An  imperial  organization,  with  the  imperium  in  the  hands  of  the  people, 
makes  democracy  a  reality.' 

It  is  popular  to-day  to  attribute  the  new  education  to  Prussia;  since 
but  yesterday,  Prussia  has  humiliated  France.  But  Prussia  did  not  es- 
tablish her  state  system    till   1794,   after  the  French  plans   had  been 

'  Some  of  the  western  states  are  carrying  this  doctrine  further  than  New  York, 
and  the  regents  of  the  university  are  elected  directly  by  the  people. 


HISTORY   AND   ORCANIZATION  269 

spread  throughout  Europe  and  America,  and  after  state  systems  of 
education  had  been  actually  established  in  America.  There  is  scarcely 
a  feature  in  the  educational  reforms  of  this  century  which  was  not 
planned  and  proposed  in  revolutionary  France.  It  must  be  frankly  ad- 
mitted that  Germany  has  built  and  consolidated  her  systems  upon  sueh^ 
firm  foundations  that  they  are  now  models  for  the  world.  But  it  is 
France  whose  ideas  are  here  wrought  into  German  life.  This  second 
Greece  has  led  her  captives  captive,  like  the  first.  The  German  Em- 
pire, like  a  second  Rome,  has  despoiled  her  intellectual  benefactor. 
Upon  cultured  France  has  been  laid  the  vicarious  punishment  for  the 
barbaric  dullness  of  Teutonic  Europe.  It  is  the  French  intellect  which 
in  art,  in  the  scientific  spirit,  in  political  philosophy,  in  progressive 
thought,  has  saved  European  civilization  to  the  world. 

Debt   of    New   York   to    France.     The   two   great   Americans 
most  conspicuously  in  sympathy  with  the  French  philosophy  of  their 
day,  Franklin  and  Jefferson,  both  had  planned  systems  of  education 
quite   after  the  French  pattern.     The  constitution  of  New  York,  pro- 
mulgated in  1777,  solemn  and  formal  document  that  it  is,   in  the  lan- 
guage with  which  it  forbids  to  priests  and  clergy  civil  and  military  of- 
fice and  declares  for  freedom  of  thought  in  religious  matters,  shows  the 
mixture  of  French  Jacobinism  in  the  thought  of  the  new  state.     The 
first  regents  turn  instinctively  to  France  for  aid.      French   sympathy 
and  French  alliance  brought  to  America  more  than  soldiers  and  money. 
Against  absolutist,  Jesuitical  France,  spreading  from  Canada,  the  colo- 
nies fought  side  by  side  with  England  in  the  seven  years  war.     But  the 
defeat  of  absolutist,  Jesuitical  France  by  external  foes,  was  followed  by 
the  defeat  of  the  absolutist,  Jesuitical  element  within  France  by  the 
rising  spirit  of  democracy.     And  this  spirit,  the  new  world  shared  with 
France.     It  was  the  gift  of  the  English  revolution  of  1688  to  them  both. 
And  from  the  close  of  the  seven  years  war  there  was  a  growing  inter- 
change of  thought  and  fraternal  feeling  between  France  and  America. 
From  the  similarity  between  the  French  plans  for  national  education, 
and  the  plans  and  systems  of  the  states  after  our  rebellion  against  Eng- 
land, there  can  be  no  doubt  that  the  French  schemes  had  been  studied 
in  America.     The  war  had  brought  into  close  contact  the  leading  men 
of  every  state.     There  was  quick  exchange  of  ideas  upon  questions  of 
public  policy.     Franklin  and  Cadwallader  Golden,  the  colonial  gover- 
nor of  New  York,  corresponded  upon  educational  matters.     John  Jay 
returned  from  Paris  to  New  York  in  the  summer  of  1784.     He  and 
Franklin  had  been  close  companions  at  Passy.     Jay  wrote  from  Paris 
that  he  thought  his  countrymen  had  too  high  an  estimate  of   institu- 
tions   in    France,  and    advised    the    education  of   American  youth  m 
America.     After  his  return  he  took  a  conspicuous  part  in  the  reorgani- 
zation of  the  University,  and  eventually  went  over  to  the  more  demo- 


270  UNIVERSITY   OF  THE   STATE   OF   NEW    YORK 

cratic  party  in  that  struggle.  The  new  University  was  undeniably 
broader,  more  dominated  by  the  new  spirit,  more  truly  a  state  institu- 
tion than  had  been  the  University  of  1784.  In  the  constitutional  con- 
vention of  1787  plans  for  a  national  university  were  mooted.  These 
facts  are  but  instances  of  those  phenomena,  occurring  at  the  same  time 
both  in  France  and  in  America,  which  by  their  evident  similarity  create 
the  strongest  presumption  of  a  reciprocal  influence  of  the  two  countries 
upon  each  other  in  the  progress  of  educational  reform.  And  the 
weight  of  evidence  goes  to  show  that  before  the  formation  of  our  na- 
tional government  in  1789,  the  source  of  the  new  ideas  was  French, 
rather  than  American;  while,  after  the  outbreak  of  the  French  revolu- 
tion in  1789,  the  current  runs  from  America  to  France.  But  that  New 
York  is  greatly  indebted  to  France  for  the  idealistic  element  in  her  Uni- 
versity, there  is  one  point  of  evidence  which  comes  near  to  definite 
proof.  The  chevalier  Quesnay  de  Beaurepaire,  a  grandson  of  the 
great  French  economist  Quesnay,  after  a  year  of  service  in  the  Ameri- 
can army,  left  the  army  in  1778  on  account  of  ill  health  and  took  up 
the  occupation  of  teaching.  He  became  acquainted  with  the  chief  men 
in  America.  He  was  a  true  Frenchman,  filled  with  the  large  revolu- 
tionary ideals  of  that  age,  and  conceived  a  plan  for  a  great  academy  at 
Richmond,  which  should  overstep  the  national  boundaries  and  make 
science  and  learning  international.  Dr  Adams,  in  his  monograph  on 
Thofnas  Jefferson  and  the  University  of  Virginia,  has  described  this  pro- 
ject so  vividly  and  so  fully  that  it  is  not  necessary  here  to  enlarge  upon 
it.  It  was  called  "  The  Academy  of  Science  and  Letters  of  the  United 
States  of  America,"  and  was  to  be  at  Richmond.  The  "academy" 
consisted  of  the  president,  six  councillors,  a  treasurer,  secretary  and 
assistant  secretary,  a  vice-president  agent  for  European  shareholders, 
the  professors,  teachers,  and  chief  artists,  25  resident  associates  and 
75  foreign  associates.  The  academy  at  Richmond  was  to  found  similar 
academies  at  Baltimore,  Philadelphia  and  New  York,  the  members  of 
these  academies  to  be  members  likewise  of  the  academy  at  Richmond. 
The  president,  officers  and  councillors  formed  the  "  council  of  adminis- 
tration," which  had  charge  of  the  actual  working  of  the  schools.  A 
"committee  of  correspondence  "  was  formed  at  Paris,  which  was  charged 
with  the  international  work  of  the  academy,  such  as  correspondence 
with  foreign  societies.  The  corner  stone  of  the  academy  building  was 
laid  at  Richmond,  June  24,  1786.  Previously  to  this  the  founder  had 
visited  nearly  every  part  of  the  country,  endeavoring  to  interest  the 
most  prominent  men  of  the  different  states  in  his  scheme.  A  letter 
written  by  Mrs  Bache,  the  daughter  of  Franklin,  to  her  father,  then  in 
Paris,  showed  the  spirit  in  which  the  project  was  regarded.  The  letter 
is  dated  at  Philadelphia,  February  27,  1783.  Mrs  Bache  says:  "With 
this  letter  you  will  receive  a  project  for  a  French  academy  which  is  go- 


HISTORY   AND    ORGAN IZATKJN  27 1 

ing  to  be  erected  here.  The  plan  is  a  very  extensive  one  and  will  be  a 
great  honor  both  to  its  projector  and  to  America.  If  it  can  be  carried 
out,  it  will  not  interfere  in  the  least  with  the  work  of  the  colleges,  but 
will  be  designed  to  complete  the  education  of  young  men  after  they 
have  left  the  college."  She  urges  Dr  Franklin  to  secure  pecuniary  aid, 
if  possible,  for  "  money  alone  is  wanting.'" 

Between  this  date  and  the  founding  of  the  academy  in  1786,  Quesnay 
visited  New  York.  Whether  his  visit  occurred  before  or  after  the 
University  acts  of  17S4  can  not  be  determined.  The  probability  is,  that 
it  was  after  that  date,  so  short  was  the  time  between  the  evacuation  of 
New  York  by  the  British  and  this  legislation. 

He  gives  in  the  volume  just  quoted  from,  the  history  of  which  is  told 
by  Dr  Adams,  the  list  of  the  men  at  New  York  whose  approval  and  sup- 
port he  gained.  They  are  Governor  Clinton,  Mayor  Duane,  General 
Baron  de  Steuben  ("  the  first  in  this  state  to  adopt  my  project "),  Gen- 
eral Cortland,  (a  son  of  the  lieutenant-governor,  regent  ex  officio)  Colonel 
Bland,  Dr  Cochran,  the  families  Livingston,  Hoffman,  Hallet  and  some 
others.  The  men  whom  this  Frenchman  impressed  with  his  great 
scheme  —  his  "  Universal  academy  " —  as  he  thinks  it  might  be  called, 
are  the  very  men  who  were  then  considering  and  debating  the  problem 
of  a  great  system  of  education  for  the  state.  It  is  no  longer  a  wonder 
that  these  reformers  of  education  in  New  York  form  large  ideals.  The 
quickening  influences  of  the  French  imagination,  which  always  over-leaps 
its  power  of  accomplishment,  had  only  a  beneficent  and  fruitful  action 
upon  the  conservative  and  practical  leaders  in  New  York.  It  is  signifi- 
cant that  among  the  regents  of  the  University,  as  reorganized  in  1787 
upon  its  broader  and  truly  state  basis,  the  name  of  Baron  de  Steuben 
appears.  Unfortunately  it  seems  impossible  to  trace  what  influence  this 
man,  the  first  in  New  York  to  approve  the  plan  of  Quesnay,  liad  upon 
the  legislation  of  1787.  Quesnay's  project  was  not  a  cracked-brain 
scheme.  It  was  indorsed  by  the  Royal  Academy  of  sciences  at  Paris. 
The  Royal  Academy  of  painting  and  sculpture  used  these  words  of  ap- 
proval: "  We  admire  the  active  constancy  of  M.  le  Chevalier  Quesnay  for 
this  establishment.  And  no  less  do  we  admire  the  zeal  of  the  United 
States  of  America  in  forming  the  project.  This  zeal  is  a  eulogy  upon 
the  intellect,  the  character  and  the  great  views  of  that  republic,  which 
since  its  birth,  has  shown  itself  so  interesting  in  all  respects."  Among 
the  councillors  of  the  committee  of  correspondence  is  found  the  name 
of  Fourcroy,  who  became  the  adviser  of  Napoleon  in  the  establishment 
of  his  university.    Condorcet,  whose  plan  for  a  national  system  of  educa- 

•  Quesnay  de  Beaurepaire,  chevalier.  M6moire,  statuts  et  prospectus,  con- 
cernant  L'Acad6rnie  des  sciences  et  beaux-arts  des  Etats-Unis  do  rAm6rique, 
etablie  k  Richemond.     Paris,  1788. 

''  Memoire,  p.  14. 


272  UNIVERSITY    OF   THE    STATE   OF    NEW    YORK 

lion  contains  nearly  every  measure  of  reform  which  the  world  has  since 
adopted,  was  one  of  the  foreign  associates;   as  were  likewise  Lafayette. 
Jefferson  (then  minister  at  Paris),  and  Luzerne,  the  French  minister  at 
New  York  to  whom  the  regents  had  applied  for  aid.     Quesnay  does  not 
seem   to  have  been  able    to    secure  Hamilton's  approval.     But   many 
American  names  of  the  highest  eminence  honor  his  plan.     And  this  close 
relation  between  the  thinkers  of  France  and  America  bore  fruit  in  the 
influence  which  American  institutions   have    exercised    upon    France. 
The  similarity  which  Napoleon's  university  of  1808  bore  to  the  New 
York  University  of  1787,  may  not  be  a  mere  coincidence  when  it  is  seen 
that  Condorcet  and  Fourcroy  were  thus  early  aware  of  what  was  being 
done  in  America  for  education.     And  Talleyrand's  intimacy  with  Hamil- 
ton on  his  visit  to  America  may  not  have  been  without  effect  upon  the 
reconstruction   of  French   education.      If  France  may  claim   to  have 
given  to  New  York  the  ideal  of  a  symmetrical  state  system  of  secular 
learning,  New  York  may  claim  to  have  given  to  France   the  practical 
form  of  such  a  system,  in  its  great  all-inclusive  university  corporation. 
The  American  state  university.     The  survey  of  the  historical 
origin  of  the  New  York  University  is  now  complete.     It  was  the  work 
of  no  one  man,  of  no  one  tendency.     The  whole  of  the  colonial  history 
of  New  York  is  a  history  of  the  growth  of  ideas  and  institutions  which 
led  to  the  establishment  of  the  University.     The  Dutch  brought  the  idea 
of  free  public  schools  for  elementary  teaching,  but  it  was  the  idea  of 
joint  clerical  and  civil  control.     The  higher  learning  was  fostered  after 
the  English  gained  control.     The  French  Huguenot  refugees  brought  a 
spirit  which   readily  united   with  the  democratic   elements  among  the 
Dutch  and  English.     By  the  beginning  of  the  i8th  century  the  secular 
spirit  was  already  opposing  the  spirit  of  the  propagandist  society,  and 
the  seeds  of  revolution  were   scattered   throughout  the  colony  by  the 
English  revolution  and  the  writings  of  John   Locke.     The   whig  and 
tory  struggle  was  known  in  New  York   as  in  England.     In  1702,  and 
again  in  1732,  attempts  were  made  toward  a  civil  educational  institution, 
and  in  1753,  Livingston  waged  a  fierce  war   against  ecclesiastical   and 
royalist  domination  in  the  proposed  college.     Already  the  political  and 
educational  revolutions  were  begun.     At  the  same  time  the  psychology 
and  political  philosophy  of  Locke  were   awakening  the  voices  of  the 
same  two-fold  revolution  in  France,  and  the  French  philosophers  flooded 
the  world  with  the  doctrine  of  the  new  civil  education.     While  France 
was  debating.  New  York   was   acting.      The  French  ideas    of  secular 
education,  of  state  control,  of  centralized  administration,  New  York 
seized  firmly.     But,  trained  in  English  law,  the  New  York  leaders  did 
not  care  so  much  for  symmetry  and  ideal  completeness,  as  for  an  or- 
ganization which  would  conserve  what  was  good  in  the  past  and  would 
expand  to  meet  the  needs  of  the  future.     The  French  plans  lost  sight 


niSTOKV   AND    ORCJANIZATION  2/3 

of  the  individual.  Their  systems  would  have  been  socialistic.  But  in- 
dividualism was  dominant  in  New  York.  It  was  not  until  1867  that 
the  people  of  New  York  gave  in  finally  to  the  idea  of  compulsory,  uni- 
versal, gratuitous  instruction  in  the  primary  schools.  This  had  been 
decreed  by  France  in  1791. 

The  University  of  the  State  of  New  York  was  a  marvellous  com- 
promise between  the  new  and  the  old  ideas.  It  conserved  to  the  full, 
advantages  of  individual  initiative,  while  yet  extending  the  benefits  of 
system,  of  harmony,  of  coworking  in  the  various  members  of  the  educa- 
tional body,  and  of  organic  connection  with  state  life.  It  was  neither 
English  nor  French.  It  was  the  American  university,  and  as  such  its 
idea  has  largely  given  the  impetus  to  the  development  of  state  educa- 
tional systems  in  the  west.  Wherever  the '' state  university  "  is  gov- 
erned by  a  body  of  regents,  who  have  no  teaching  functions,  and  who 
are  appointed  by  the  political  authority,  and  are  accountable  to  the 
people  in  their  political  capacity,  there  is  found  the  influence  of  this 
unique  political  invention,  "  the  University  of  the  State  of  New  York." 


CHAPTER    4 

A  CENTURY  OF  UNIVERSITY  WORK 

It  is  not  the  purpose  of  this  volume  to  sketch  the  history  of  the  Uni- 
versity since  its  founding.  That  task  is  reserved  for  the  future.  But 
the  present  work  would  be  incomplete  without  some  further  reference, 
than  was  contained  in  the  first  chapter,  to  the  actual  achievements  and 
activity  of  this  institution. 

There  has  been  scarcely  any  educational  reform  in  the  state  of  which 
the  University  has  not  been  the  promoter.  It  was  the  agitation  of  the 
University  for  common  schools  which  started  the  movement  that  re- 
sulted in  establishing  the  state  system  of  primary  instruction.  In  the 
training  of  teachers,  the  regents  have  been  specially  active.  Teachers' 
classes  in  academies  were  instituted  by  them  in  1833,  one  of  the  earliest 
attempts  toward  normal  schools  in  this  country.  In  the  incorporation  of 
colleges  and  academies  the  University  has  endeavored,  by  requiring  a 
high  standard  of  attainment  and  financial  equipment,  to  keep  up  the 
level  of  the  higher  education.  They  have  finally  been  given  by  the  law 
of  1892  exclusive  power  of  granting  charters  to  educational  institutions, 
in  order  to  prevent  weak  institutions  from  getting  legislative  charters. 

In  the  distribution  of  public  funds  to  the  academies,  they  were  led  in 

1864  to  devise  a  method  of  general  examination  in  the  academies,  upon 

the  basis  of  which  the  funds  would  be  apportioned.     Since   that  time 

the  standard  of  work  in  the  academies   has  become  higher  and  more 

35 


274  UNIVERSITY   OF   THE   STATE   OF   NEW   YORK 

nearly  uniform.  The  system,  although  defective  in  some  particulars, 
has  been  a  very  efficient  one,  and  is  carried  further  at  present  than  ever 
before. 

The  direct  activity  of  the  University  upon  the  colleges  has  been 
limited.  In  the  law  of  1787,  Columbia  won  for  herself  and  for  all  future 
colleges  almost  complete  independence,  and  as  yet  there  has  been  no 
marked  tendency  to  give  more  vigorous  control  to  the  University. 

The  University  has  conducted  various  scientific  enterprises  for  the 
state,  chief  among  which  was  the  determination  of  the  boundaries  be- 
tween New  York  and  Pennsylvania,  and  between  New  York  and  New 
Jersey;  the  organization  and  care  of  the  state  museum  of  natural  his- 
tory; and  the  conduct  and  publication  of  observations  in  meteorology. 
Its  care  of  the  state  library  and  publication  of  historical  works  have 
already  been  noticed. 

In  nothing  has  the  activity  of  the  University  been  more  beneficial 
than  in  the  publication  of  its  yearly  reports.  Since  1787,  an  annual  re- 
port of  the  work  of  the  colleges  and  academies  has  been  regularly  made 
to  the  legislature.  "In  1835,  the  condition  of  colleges  and  academies 
began  to  be  published  in  greater  detail,  and  from  this  time  we  may  begin 
to  date  the  series  of  educational  statistics,  which  illustrate  so  fully  the 
history  of  the  colleges  and  academies  of  New  York,  and  in  which  this 
state  stands  alone.'"  The  ro2d  report  (1887-88)  for  example,  is  a  volume 
of  nearly  1,000  pages,  containing  carefully  prepared  abstracts  and  tabular 
abridgments  of  the  reports  of  all  the  colleges  and  academies  in  the 
state.  These  results  give  information  upon  courses  of  instruction,  text- 
books, faculty,  financial  resources,  apparatus  and  libraries;  in  a  word, 
upon  all  matters  connected  with  the  different  institutions.  Besides 
these  reports,  the  regents'  report  contains  the  laws  and  ordinances  re- 
lating to  the  University  and  a  full  account  of  the  proceedings  of  the 
Convocation.  It  is  probably  safe  to  say  that  nowhere  else  in  the  United 
States  is  there  published  annually  a  volume  of  so  much  interest  and 
value  in  the  literature  of  education. 

The  Convocation  is  an  institution  of  a  unique  type.  It  was  formed 
in  1863.  It  is  composed  of  the  regents  together  with  "  all  instructors 
in  colleges,  normal  schools,  academies  and  higher  departments  of  public 
schools  that  are  subject  to  the  visitation  of  the  regents,  and  the  trustees 
of  all  such  institutions,"'^  and  representatives  of  the  New  York  state 
teachers'  association.  Its  objects  are,  by  an  annual  session  at  the  state 
capitol,  to  secure  better  mutual  acquaintance,  an  interchange  of  opinion 
upon  educational  questions,  greater  harmony  through  the  adoption  of 
common  rules,  and  thus  to  advance  the  standard  of  education  through- 
out the  state;  and  "to  exert  a  direct  influence  upon  the  people  and  the 

'  Hist,  record,  p.  71. 
''Conv.  proc.  1869,  p.  6. 


HISTORY   AND    ORCJANIZATION  275 

legislature  of  the  state,  personally  and  through  the  press,  so  as  to  secure 
such  an  appreciation  of  a  thorough  system  of  education,  together  with 
such  pecuniary  aid  and  legislative  enactments  as  will  place  the  institu- 
tions here  represented  in  a  i)osition  worthy  of  the  population  and  re- 
sources of  the  state.'"  It  is  a  sort  of  sanctified  lobby,  justified  by 
the  sacredness  of  its  cause. 

The  discussions  carried  on  at  these  sessions  are  of  the  utmost  import- 
ance in  the  educational  work  of  the  state.  It  is  the  only  place  where 
the  various  individual  interests  of  the  separate  institutions  can  be  rep- 
resented. And  while  it  has  no  authoritative  voice,  yet  its  efficient  force  in 
determining  the  policy  of  the  regents  and  in  affecting  legislative  opinion 
has  been  very  great.  Its  proceedings  are  published  and  among  them  are 
papers  upon  educational  topics  by  the  very  highest  authorities  in  New 
York  and  other  states.  It  is  growing  in  efficiency  and  in  importance. 
The  topics  discussed  are  not  merely  the  educational  problems  of  New 
York  state,  but  of  the  nation  and  of  the  world.  TYiO.  personnel  oi  those 
who  take  part  in  the  Convocation,  likewise,  makes  it  rather  a  national 
than  a  state  institution.  It  is  in  fact  the  most  important  annual  educa- 
tional convention  held  in  the  United  States,  and  merits  well  the  name 
of  the  "  Congress  of  higher  education,^'  conferred  by  Chancellor  Curtis. 

UNIVERSITY  EXTENSION 

The  University  has  never  undertaken  the  work  of  teaching.  And 
wisely  so.  The  educational  needs  of  the  state  during  this  century  have 
been  mainly  just  in  those  lines  where  there  has  been  most  activity,  in 
the  common  schools  and  the  academies.  This  was  work  which  there 
was  no  need  for  the  University  to  undertake  directly.  It  is  one  of  the 
greatest  merits  of  the  organization  that  it  has  been  only  the  directive 
power  of  forces  that  spring  from  individual  initiative. 

With  the  teaching  done  by  the  colleges  the  University  has  had  no 
reason  to  vie.  The  many  colleges  in  the  state  have,  in  the  main,  given 
opportunity  to  all  who  wished  a  higher  education  than  the  academies 
could  give.  But  the  advancing  educational  standards  of  this  generation 
have  created  a  new  need.  Both  in  England  and  in  America  it  is  coming 
to  be  the  recognized  duty  of  the  colleges,  to  extend  their  facilities,  as 
far  as  possible,  to  those  persons  who  can  not  come  to  the  colleges.  The 
University  has  been  quick  to  acknowledge  this  duty.  By  the  new  law 
of  1889,  "  The  field  of  the  University  has  also  been  extended  to  include 
the  chartering  not  only  of  high  schools,  academies  and  colleges,  but  also 
of  libraries,  museums,  summer  schools,  correspondence  schools,  perma- 
nent lecture  courses,  and  all  other  institutions  for  promoting  higher 

'  Conv.  proc.  1869,  p.  9. 


2/6  UNIVERSITY    OF  THE   STATE   OF   NEW    YORK 

education,'"  and  to  "  maintain  lectures  connected  with  higher  educa- 
tion in  this  state.'"  Under  the  spirited  leadership  of  Melvil  Dewey, 
the  secretary  of  the  University,  a  plan  has  been  formed  and  is  being 
pushed  to  accomplishment,  of  working  out  a  system  of  "  university 
extension."  In  the  address  just  quoted  from,  Mr  Dewey  has  shown 
how  admirably  adapted  is  the  system  of  organization  of  the  University 
'for  this  work,  as  it  is  being  done  in  England.  He  has  already  organ- 
ized a  successful  library  school  at  the  state  library.  He  proposes  the 
formation  of  a  great  educational  library  and  museum  at  the  regents' 
ofifice,  with  specialists  upon  its  staff,  who  shall  be  ready  to  give  advice 
and  direction  to  the  schools  and  libraries  of  the  state.  He  proposes  a 
real  extension  of  the  work  done,  in  all  its  departments.  It  is  a  part  of 
his  plan  that  the  state  library  and  state  museum,  which  are  parts  of  the 
University,  should  form  the  central  institution  of  multitudinous  local 
libraries  and  museums,  to  be  established  throughout  the  state,  in  organic 
relation  to  the  University.  In  connection  with  these  local  libraries  and 
museums,  he  would  establish  university  extension  lectureships  similar 
to  those  of  England.  His  ideal  is  the  real  democracy  of  learning,  a 
true  higher  education  brought  within  the  reach  of  all.  The  scheme  is  a 
grand  one  and  full  of  promise  for  the  future.  Already  several  import- 
ant steps  have  been  taken  toward  its  accomplishment. 

In  July,  1889,  the  regents  passed  the  following  resolution: 
^*^  Resolved,  That  the  regents  recognize  as  an  important  feature  of  the 
work  the  extension  of  university  learning  and  culture  to  those  who  are 
unable  to  take  the  regular  course  in  a  college  or  university." 

They  then  appointed  a  committee  on  university  extension  to  report 
at  the  next  annual  meeting.  At  the  Convocation  of  1890,  a  committee 
of  representatives  of  the  colleges  and  universities  of  the  state  was  ap- 
pointed to  confer  with  the  regents.  Presidents  Adams  of  Cornell,  Low 
of  Columbia,  Hill  of  Rochester,  Webster  of  Union  and  Taylor  of  Vas- 
sar  constituted  this  committee.  In  their  report  to  the  regents  in  Feb- 
ruary, 1891,  they  use  this  language: 

''Resolved,  That  in  the  judgment  of  this  committee,  the  time  has 
come  when  the  best  interests  of  higher  education  in  this  state  demand 
that  the  regents  should  undertake  the  establishment  and  supervision  of 
a  state  system  of  university  extension,  including  not  only  lectures,  but 
such  conferences,  examinations  and  certificates  of  work  done,  as  experi- 
ence may  have  proved  to  be  desirable  and  practicable." 

''Resolved,  That  in  order  to  maintain  a  high  standard  of  instruction  it 
is  essential  that  the  regents  work  through  the  representatives  of  the  uni- 

'  Dewey,  Melvil.     Extension  of  the  University  of  the  State  of  New  York  {see 
Conv.  proc.  i88g,  p.  73). 
'  University  act  1889. 


HISTORY    AND    (JRCJAM/ATION  2// 

versities  and  colleges  of  the  state  as  a  committee  having  charge  of  the 
details  of  instruction  and  examination." 

The  regents  thereupon  took  immediate  action.  They  made  tlieir 
committee  on  university  extension  a  standing  committee  and  provided 
for  a  permanent  successor  to  the  committee  of  colleges  by  the  estab- 
lishment of  a  university  extension  council  composed  of  representatives 
of  the  colleges.  They  also  resolved  to  ask  aid  of  the  legislature.  Their 
appeal  was  promptly  and  generously  met  by  an  appropriation  of  $10,000 
for  the  use  of  the  University  in  promoting  university  extension  in  the 
state  of  New  York.' 

In  June,  189 1,  the  regents'  standing  committee  made  a  valuable  re- 
port from  which  the  following  extracts  are  made  as  showing  the  aim 
and  scope  of  the  work  undertaken: 

"  In  the  conception  of  your  committee,  university  extension,  as  con- 
templated by  the  regents  of  the  University,  means  extension  to  the  peo- 
ple at  large,  adults  as  well  as  youths,  of  the  best  obtainable  opportuni- 
ties for  education." 

"  In  execution  of  the  authority  heretofore  given  them  to  begin  and 
carry  on  the  work  of  university  extension,  your  committee  design, 
among  other  things,  to  prepare  and  issue,  from  time  to  time,  circulars, 
bulletins,  syllabuses,  suggested  courses  of  reading  and  study,  and  plans 
for  local  organizations  therefor;  to  ascertain  the  fitness  of  and  accredit 
teachers  and  lecturers  who  desire  to  engage  in  the  work  of  university 
extension,  and  aid  localities,  organizations  and  associations  in  selecting 
suitable  instructors;  to  procure  and  keep  on  hand,  by  purchase,  or  by 
printing  and  reprinting,  original  and  other  matter  of  educational  value 
in  connection  with  the  development  and  execution  of  the  system  of  uni- 
versity extension,  and  to  circulate  the  same,  gratuitously  or  otherwise; 
and  to  provide  for  apparatus  and  collections  of  books  and  specimens, 
to  be  loaned  or  otherwise  furnished  from  time  to  time  to  localities,  or- 
ganizations or  associations  in  this  state  engaged  in  educational  work, — 
using  therefor  also  any  of  the  properly  available  books,  specimens,  ap- 
paratus or  other  property  of  the  University." 

"Carefully  fostered  and  wisely  developed,  university  extension  will 
well  round  out  and  complete  in  the  state  of  New  York  an  educational 
system  whose  influence  may  reach  all  of  the  people.  For  those  who 
can  avail  themselves  thereof,  our  common  schools,  our  academies  and 
high  schools,  and  our  colleges,  universities  and  technical  schools,  will 
cover  the  whole  field  of  human  learning;  while  the  university  extension 
department  will  leave  none  beyond  the  possibility  of  such  enlighten- 
ment as  is  needful  for  human  welfare  and  happiness,  as  well  as  for  good 
citizenship." 

'  Laws  1891,  ch.  303. 


278  UNIVERSITY  OF  THE  STATE  OF  NEW   YORK 

To  meet  the  demands  of  the  new  enterprise,  the  regents  at  the  same 
time  greatly  enlarged  their  system  of  examinations  and  regulations  for 
the  granting  of  certificates  and  diplomas. 

This  machinery  for  the  extension  of  university  teaching  has  already 
been  put  in  operation.  Several  successful  courses  of  lectures  have 
been  given  and  organized  centers  established  for  the  permanent  carry- 
ing on  of  this  work.  Progress  is  likely  to  be  slow.  True  to  its  tradi- 
tions the  University  has  confined  itself  to  stimulating  and  fostering  in- 
dividual local  ambition.  No  part  of  the  state  appropriation  is  allowed 
to  be  used  in  payment  of  lecturers'  fees  or  other  expenses  of  a  local 
course  of  lectures.  The  money  of  the  state  is  for  administrative  pur- 
poses only  which  shall  further  the  general  scheme.  Local  benefits 
must  be  gained  by  the  enterprise,  both  moral  and  financial,  of  the  lo- 
cality. 

It  is  too  early  to  predict  the  eventual  success  or  failure  of  this  ex- 
periment. But  the  success  of  the  movement  in  England  and  of  similar 
work  done  by  various  organizations  in  this  country,  proves  that  the 
times  are  ripe  for  such  an  educational  movement.  The  unique  organ- 
ization of  the  University  would  seem  to  have  been  specially  designed 
for  this  work.  The  London  and  the  Victoria  universities  are  copying 
some  features  of  the  New  York  University  to  better  enable  them  to  meet 
new  educational  needs.  The  men  who  founded  this  imperial  Uni- 
versity "builded  better  than  they  knew." 

Looking  at  the  peculiar  organization  of  education  in  New  York,  it 
seems  as  if  success  were  largely  dependent  on  cordial  and  wise  cooper- 
ation between  the  University  and  the  colleges.  If  they  do  not  work 
together  the  cause  is  lost  in  the  state  of  New  York.  In  the  university 
council,  the  colleges  obtain  a  qualified  representative  in  the  manage- 
ment of  this  department  of  the  regents'  work.  The  colleges  wisely  in- 
sist that  the  standards  of  higher  education  shall  not  be  lowered.  That 
is  the  one  danger  in  the  whole  university  extension  movement.  It  can 
be  averted  only  in  one  way,  namely  by  the  colleges  themselves  throwing 
their  strength  into  the  work.  The  ranks  of  university  extension 
teachers  must  be  recruited  from  the  colleges.  The  moral  force  of  col- 
lege opinion  must  maintain  in  university  extension  work  the  high 
standard  of  collegiate  attainment.  If  the  colleges  hold  aloof,  the  work 
will  necessarily  be  of  a  lower  type.  It  is  the  great  opportunity  of  the 
colleges  to  spread  their  effective  influence  into  every  corner  of  the 
state,  and  make  themselves  more  than  ever  an  essential  element  in  the 
life  of  the  people.  The  time  has  come  when  knowledge  must  be  demo- 
cratic. It  is  the  duty  of  the  colleges,  as  the  conservators  of  kiiowledge, 
to  see  that  in  this  growing  democracy  of  learning,  the  standards  are  not 
lowered. 


HISTORY  AND   ORGANIZATION  279 

THE  UNIVERSITY'S  OPPORTUNITY 

There  are  however  other  educational  needs  of  the  American  people 
which  it  may  become  the  proud  destiny  of  the  University  of  the  State 
of  New  York  to  satisfy.  University  extension  is  merely  a  new  method 
of  teaching.      It  does  not  solve  the  question  as  to  what  shall  be  taught. 

In  American  education  there  are  these  glaring  defects.  In  the  first 
place  there  are  not  sufficient  facilities  for  original  and  deep  research, 
the  pursuit  of  truth  for  its  own  sake  to  its  last  hiding  places.  Secondly, 
there  are  no  schools  designed  to  train  persons  for  the  public  civil  ser- 
vice. Thirdly,  the  general  education  of  the  people  in  the  principles  of 
political  economy  and  of  civil  government  is  not  recognized  as  the  duty 
of  the  state.  It  lies  within  the  grasp  of  the  regents  of  the  University 
of  the  State  of  New  York  to  immortalize  themselves  by  taking  the  lead 
in  these  educational  reforms. 

I  School  for  graduate  work.  For  the  prosecution  of  original 
research  the  University  possesses  signal  advantages. 

The  magnificent  state  capitol  which  towers  above  the  city  of  Albany 
and  upon  which  New  York  has  lavished  her  millions,  has  been  declared 
by  the  late  Professor  Freeman  of  Oxford  to  be  the  finest  specimen  of 
American  architecture.  The  library  of  the  state,  now  housed  in  this 
splendid  building,  is  a  rich  mine  of  historical  material,  the  resources  of 
which  are  not  adequately  used,  not  even  adequately  known.  As  the 
writer  was  carrying  on  some  researches  there  in  the  summer  of  1890,  he 
was  oppressed  with  the  sense  of  the  failure  of  the  people  of  the  state  to 
utilize  these  treasures  of  learning.  The  law  library  is  probably  unsur- 
passed in  the  United  States,  yet  is  practically  little  used.  The  general 
library  with  its  160,000  volumes,  its  vast  collections  of  manuscripts  and 
documents,  is  scarcely  visited  except  by  the  passing  traveler.  The 
legislative  and  executive  collections  of  documents  are  in  requisition 
during  the  sessions  of  the  legislature,  but  are  otherwise  virtually  useless. 
The  idea  impressed  itself  upon  the  writer  that  in  the  University  itself, 
the  history  of  which  he  was  writing,  existed  the  very  organization 
which  could  develop  into  its  wider  usefulness  these  libraries  under  its 
control. 

Here  is  an  opportunity  for  this  great  University  to  advance  the  in- 
terests of  the  highest  learning,  to  utilize  these  unused  materials,  to  offer 
to  students  the  best  advantages  for  original  research  and  to  make  the 
University  itself  a  more  powerful  and  efficient  body  than  it  has  ever 
been.  The  new  law  of  1889  gives  the  University  express  power  to 
maintain  lectures  connected  with  higher  education  in  the  state.  The 
state  capitol  is  such  a  university  building  as  exists  nowhere  else  in  the 
world.  In  Albany  is  centralized  the  whole  administration  of  the  state. 
The  executive  offices  arc  all   located  there.     The   legislature   and   the 


28o  UNIVERSITY   OF  THE   STATE   OF   NEW   YORK 

court  of  appeals  sit  there.  Except  in  the  national  capital  no  such  col- 
lection of  material  for  the  study  of  history,  economics,  statistics,  finance 
and  the  science  of  administration  exists  in  the  United  States.  It  would 
need  merely  the  establishment  of  half  a  dozen  professorships,  under  the 
direct  management  of  the  University,  to  develop  in  a  few  years  a 
graduate  school  of  economic,  historic  and  political  science,  rivalled  only 
by  the  best  of  the  great  German  universities. 

The  graduates  of  the  colleges  in  the  state  or  from  other  states  could 
here  pursue  a  regular  course  of  study  for  higher  degrees.  A  school  for 
the  higher  and  philosophical  study  of  the  law  has  become  a  crying  need  of 
the  times.  With  a  few  additions  to  the  library,  of  authorities  upon 
Roman  and  Teutonic  systems  of  law,  to  supplement  the  magnificent  col- 
lection of  works  upon  American  and  English  law  already  upon  the 
shelves,  the  study  of  historic  and  comparative  jurisprudence  could  be 
carried  on  by  those  students  who  wish  to  learn  more  than  the  practical 
business  of  law.  Students  in  economic  and  political  subjects  would 
have  for  their  use  not  merely  the  statistics  and  collected  information  of 
the  various  state  departments,  but  would  likewise  see  the  practical  work- 
ings of  those  departments.  Besides  the  offices  of  the  governor,  secre- 
tary of  state,  controller  and  treasurer  —  there  are  the  offices  of  the  rail- 
road commissioners,  canal  commissioners,  the  bank  department,  the 
insurance  department,  state  census,  land  office,  state  agricultural  society, 
forestry  commission,  Indian  affairs,  bureau  of  labor  statistics,  state  boards 
of  health  and  charities,  of  arbitration,  of  factory  inspection  and  several 
others.  The  legislature  itself  would  be  a  practical  school  of  political 
science.  Every  facility  is  at  hand  for  research  in  every  department  of 
political  science  and  political  economy.  No  other  university  would 
have  so  admirable  an  equipment.  In  historical  science  likewise  the 
material  is  at  hand.  It  was  the  original  design  of  the  University  to  con- 
fer the  higher  degrees.  With  the  work  done  by  academies  and  colleges 
the  University  would  not  interfere.  But  in  this  field  of  original  research, 
in  this  work  done  at  the  German  universities,  lies  the  proper  direction 
of  the  activity  of  the  University.  This  corporation,  with  its  historic 
dignity,  thus  would  become  in  truth  the  head  and  crown  of  the  educa- 
tional system  in  the  state.  It  would  strengthen,  not  rival  the  work  of 
the  colleges.  The  spirit  of  research  has  seized  our  American  univer- 
sities. In  the  past  15  years  they  have  leaped  along  way  forward  toward 
the  standard  of  the  best  European  institutions. 

The  Johns  Hopkins  university,  for  example,  shows  what  has  been  ac- 
complished, even  with  comparatively  meager  facilities  and  in  a  brief 
time.  Whatever  attempts  had  previously  been  made  in  other  colleges 
to  carry  on  research  for  its  own  sake  were  scattered,  intermittent 
and  usually  only  an  adjunct  to  the  pedagogical  system  of  under- 
graduate work.     The  Johns  Hopkins  university  began  as  an  institution 


HISTORY   AND    OR(JA.\IZATION  28 1 

for  organized  research  with  its  pedagogical  undergraduate  department 
as  the  vestibule  to  its  higher  work.  It  was  the  first  to  work  out  into  a 
system  adapted  to  American  needs,  whatever  was  best  in  European 
methods  of  research.  And  with  true  missionary  spirit  it  has  sent  its 
disciples  everywhere  throughout  the  land  as  apostles  of  its  higher  faith. 
Everywhere  the  younger  colleges  have  heard  them  gladly,  while  even 
the  older  institutions  however  skeptical  in  their  utterances,  are  yet  quietly 
imitating  its  methods.  The  truth  is  the  Johns  Hopkins  university  came 
at  the  call  of  the  living  age  and  just  when  the  time  was  ripe. 

But  one  such  school  for  graduate  work  is  not  enough.  The  older 
colleges,  hardened  and  gnarled  by  the  process  of  historic  growth,  can 
not  quickly  and  easily  be  adapted  to  meet  the  new  demands.  The 
University  of  the  State  of  New  York  in  the  lines  of  its  organization  and 
the  method  of  its  government,  was  predestined  at  its  birth  for  this 
higher  work.  Leaving  undergraduate  training  to  existing  colleges,  its 
hands  would  be  free  for  encouragement  of  the  most  advanced  scholarship. 

New  York,  in  the  old  University  of  which  she  is  justly  proud,  has  an 
institution  which  could  shortly  lead  all  the  universities  of  America  in 
this  special  type  of  learning. 

2  An  academy  for  the  training  of  civil  officers.  The  need  of 
a  purer  and  more  efficient  civil  service  is  everywhere  recognized.  That 
the  best  way  to  accomplish  this  end  is  by  means  of  proper  training 
schools  is  an  idea,  likewise  common  to  many  minds.  Washington,  in 
the  same  sentences  in  which  he  recommended  the  establishment  of  the 
West  Point  Military  academy  for  the  training  of  army  officers,  urged 
the  necessity  of  a  national  university,  one  of  the  chief  aims  of  which 
would  be  training  in  the  science  of  government.  Mr  Casper  T,  Hop- 
kins, in  a  thoughtful  and  suggestive  pamphlet,  recently  published  in 
San  Francisco  with  the  title,  Shall  we  educate  our  politicians,  even  goes 
so  far  as  to  urge  the  necessity  of  a  special  education  and  training  for 
our  legislators.  He  would  have  special  schools  of  "statecraft,"  with 
the  degrees  of  bachelor,  master  and  doctor  of  statecraft.  For  the  main 
thesis  of  his  pamphlet,  that  a  higher  type  of  politician  can  be  expected 
only  as  the  result  of  special  training,  he  presents  a  series  of  able 
arguments  supported  by  telling  facts. 

Professor  H.  B.  Adams,  in  his  monograph  on  the  College  of  William 
and  Mary,  has  made  some  admirable  suggestions  in  regard  to  a  "civil 
academy  at  Washington." 

By  adapting  to  New  York  conditions  some  of  the  proposals  of  Pro- 
fessor. Adams,  it  will  become  clear  that  New  York  has  all  the  machinery 
needed  for  what  he  calls,  "  the  promotion  of  the  higher  political  edu- 
cation in  practical  ways,"  He  says  :  "A  civil  academy  for  the  training 
of  representative  American  youth  would  be  as  great  a  boon  to  the 
American  people  as  the  military  and  naval  academies  have  already 
36 


282  UNIVERSITY   OF   THE   STATE   OF   NEW   YORK 

proved."  He  speaks  of  New  York  as  uniting  two  systems  of  appoint- 
ment of  students,  "  the  West  Point  plan  of  taking  student  appointees 
from  congressional  districts,  and  the  Cornell  university  plan  of  student 
appointments  for  merit."  He  recommends  that  such  "  student  ap- 
pointees or  government  fellows,"  should  be  under  the  direction  of  an 
educational  commission,  which  should  have  in  charge  the  government 
of  the  academy.  New  York  already  possesses  such  a  commission  in  the 
regents  of  the  University.  "  A  few  lecture  rooms  and  a  working  library 
would  suffice.  The  students  should  be  instructed  in  physical,  historic 
and  economic  geography  ;  in  political,  constitutional  and  diplomatic 
history;  in  the  modern  languages;  and  in  all  branches  of  political 
science,  including  political  economy,  statistics,  forestry,  administration, 
international  law,  comparative  methods  of  legislation,  and  comparative 
politics.  Instruction  should  be  given  in  class  sections  (as  at  West 
Point)  and  in  public  lectures  by  government  experts  and  university 
specialists,  who  might  be  engaged  from  time  to  time  from  different  in- 
stitutions for  such  services."  It  is  interesting  to  note  that  this  "merit" 
system  of  appointments  is  an  old  one  in  New  York.  In  the  law  of  1732, 
for  the  establishment  of  "a  public  school  in  the  city  of  New  York," 
already  described,  there  is  a  provision  that  the  schoolmaster  shall  teach, 
free  of  tuition,  "the  number  of  20  youths. "  They  are  to  be  recom- 
mended in  a  certain  proportion  from  the  various  counties  of  the  colony. 
"  For  the  cities  and  counties  of  New  York  and  Albany,  by  the  respective 
mayors,  recorders  and  aldermen  thereof.  And  for  the  several  counties 
by  the  justices  at  the  general  sessions  of  the  peace  to  be  held  for  those 
counties  respectively."  In  the  recommendations  it  was  to  be  certified 
that  "  they  have  been  well  instructed  in  reading  and  writing  of  English. "' 
By  a  judicious  revival  of  this  principle  a  body  of  picked  young  men 
from  every  part  of  the  state  could  be  trained  at  Albany  under  the  di- 
rection of  the  state  University,  to  enter  into  the  high  civil  service  of  the 
state.  And  New  York  could  then  not  only  secure  a  better  civil  service 
in  her  own  departments,  but  her  trained  specialists  would  find  their  way 
into  every  department  of  the  civil  service  in  the  other  states  and  in  the 
national  civil  service  as  well.  It  would  be  another  instance  of  the  im- 
perial leadership  of  New  York  among  the  states.  In  this  academy  it 
would  be  necessary  for  the  University  to  do  work  of  collegiate  grade. 
No  private  college  could  maintain  the  required  discipline.  The  students 
must  be  made  to  feel  that  civil  service  is  no  less  a  duty  to  the  state  than 
army  service.  A  military  discipline  would  have  to  be  enforced  and  the 
direct  authority  of  the  state  alone  could  do  this. 

But  the  very  special  character  of  the  academy  and  the  necessarily 
limited  number  of  students  who  could  have  the  privilege  of  attendance 

'  Pratt's  Annals  (vc  Conv.  proc.  1869,  p.  187). 


HISTORY   AND    ORGANIZATION  283 

would  prevent  any  interference  with  the  work  of  the  colleges.  This 
school  would  fill  a  place  which  the  colleges  do  not  fill  in  any  sense.  It 
is  the  duty  of  the  state  to  attract  to  its  service  the  best  talent  of  the 
state  and  to  train  that  talent  to  the  service  of  the  state.  This  is 
specially  necessary  at  this  time  when  so  much  of  the  best  intellect  of 
the  country  is  allured  into  the  employ  of  gigantic  private  corporations. 
The  state  ought  not  to  hotd  out  enormous  pecuniary  reward  to  tempt  ^ 
talent,  to  public  office.  But  it  is  within  the  power  of  the  state  to  create 
a  sentiment  which  shall  place  the  honor  of  the  public  service  above 
mere  pecuniary  reward.  A  civil  "  West  Point  "  would  do  much  toward 
this  end. 

3  General  education  in  economics  and  politics.  The  Wharton 
School  of  Finance  and  Economy,  one  of  the  departments  of  the  Univer- 
sity of  Pennsylvania,  stands  for  the  idea  that  a  scholarly  study  of  politi- 
cal economy  and  of  the  principles  of  civil  government,  is  essential  to  a 
really  successful  professional  or  business  career.  The  school  and  its 
policy  have  been  widely  indorsed  by  business  men,  notably  the  Ameri- 
can Bankers'  association,  and  are  being  widely  copied  by  educators. 

When  one  considers  that  political  issues  have  become  in  these  later 
years  mainly  economic,  the  importance  of  a  general  education  of  the 
people  in  the  scientific  aspects  of  their  industrial  life  becomes  clear. 
It  is  necessary  that  our  legislators  and  our  executive  and  judicial  offi- 
cers shall  understand  the  effects  upon  industry,  of  changes  in  govern- 
mental policy;  and  that  they  shall  be  impressed  with  the  importance  of 
having  the  economic  welfare  of  the  people  always  before  them  as  the 
goal  of  their  activity.  It  is  necessary  that  professional  and  business 
men  shall  understand  the  relations  between  the  industrial  life  of  the 
people  and  the  laws  and  policy  of  the  government.  They  must  be  pre- 
pared to  bring  the  force  of  their  opinion  to  bear  upon  the  public  opin- 
ion of  the  country  in  the  face  of  proposed  legislation.  For  the  safe 
conduct  of  their  business  likewise  it  is  essential  that  they  should  grasp 
the  scientific  principles  of  their  business,  as  well  as  its  practical  rules. 
The  purely  practical  man  rarely  looks  into  the  future  or  builds  for 
longer  than  a  day. 

Again,  it  is  superlatively  necessary  that  our  people  generally  should 
learn  something  of  this  economic  science  which  is  becoming  in  our  in- 
dustrial age,  the  great  science.  Our  rulers  are  chosen  from  the  body  of 
our  people  by  the  people  themselves.  Unless  the  whole  people  are 
trained  in  economic  and  political  science,  how  can  intelligent  elections 
or  intelligent  legislation  be  had.>  Industry  is  vastly  more  important 
than  war  to-day.  If  this  country  is  to  achieve  the  progress  it  is  capa- 
ble of,  the  first  thing  necessary  is  a  right  economic  policy  wisely  chosen 
and  firmly  pursued.  In  the  omnipresence  of  the  elective  system  of 
government,  this  can  never  be  accomplished  without  the  general  educa- 


284  UNIVERSITY   OF   THE   STATE   OF   NEW   YORK 

tion  of  the  people  in  the  principles  of  economic  science  and  of  civil 
government. 

The  University  of  the  State  of  New  York  has  a  magnificent  oppor- 
tunity to  further  this  end.  The  graduate  school  and  the  civil  academy 
above  spoken  of  would  be  great  aids  in  this  work.  They  would  reach 
directly,  however,  only  limited  classes.  To  make  their  work  effective 
along  these  lines  they  must  adopt  the  policy  of  propagating  everywhere 
the  idea  of  this  general  political  education.  They  must  specifically  do 
this  in  two  ways.  First,  they  should  encourage  the  establishment,  in 
all  the  colleges  and  academies  of  the  state,  of  schools  or  departments  de- 
voted to  economic  and  political  science.  They  might  even  make  this 
one  of  the  conditions  for  the  admission  of  new  institutions  into  the 
University.  Secondly,  they  should  in  their  university  extension  work 
make  economic  and  political  education  the  most  prominent  and  import- 
ant work.  This  is  specially  demanded  of  a  state  university.  Its  duty 
is  toward  the  state.  The  industries  of  the  people  are  the  life  of  the 
state.  In  the  plan  of  university  extension  adopted  by  the  university, 
lies  a  most  efficient  means  of  promoting  in  every  part  of  the  state  better 
knowledge  of  economic  and  political  science,  and  of  stimulating  the  am- 
bition of  the  people  to  know  more  of  these  subjects.  It  would,  likewise, 
become  a  great  agency  in  finding  and  leading  out  into  a  public  career 
the  special  talent  that  might  lie  hidden  in  remote  corners  of  the  state 
for  lack  of  opportunity  to  develop. 

For  work  along  the  three  lines  thus  pointed  out,  the  adaptation  of 
the  University  of  the  State  of  New  York  is  marvelous.  Its  libraries; 
its  museum;  its  facilities  for  publication;  its  coordination  of  graded  in- 
stitutions, ramifying  into  every  part  of  the  state;  the  eminence  and 
dignity  of  its  regents;  its  central  bureau,  so  efficiently  organized;  its 
powers,  entirely  adequate  for  the  maintenance  of  its  lectureships,  for 
examination,  and  conferring  of  degrees;  its  university  extension  methods, 
so  successfully  inaugurated;  its  Convocation,  bringing  to  a  focus  at  the 
center  of  government  the  educated  public  opinion  of  the  state;  its  close 
organic  relation  to  the  legislature  —  these  are  all  characteristics  fitting 
the  University  to  undertake  this  task. 

The  graduate  work  could  begin  immediately  in  several  departments; 
for  example: 

1  A  graduate  school  in  history  and  political  science,  including  juris- 
prudence in  its  various  branches,  international  law,  Roman  law,  com- 
parative jurisprudence. 

2  A  graduate  school  in  economics.  Besides  the  theory  of  economics, 
public  finance,  agriculture,  forestry,  meteorology,  banking,  insurance, 
railroads  and  canals,  and  other  like  subjects,  could  be  investigated  in 
their  economic  aspects. 


HISTORY   AND    ORGANIZATION  285 

3  An  advanced  school  in  pedagogics  and  library  training.  The  State 
Normal  college  could  be  affiliated,  and  together  with  the  state  library, 
made  the  basis  of  this  school. 

4  A  school  for  advanced  scientific  work  in  connection  with  the  state 
museum,  and  by  proper  affiliation  with  the  best  scientific  and  technical 
schools  in  the  state. 

The  object  of  these  schools  should  be  research.  From  them  should 
come  learned  experts  who  could  become  professors  and  writers  in  their 

specialties. 

The  civil  academy,  having  for  its  object  the  trainmg  of  men  and  women 
for  intelligent  civil  service,  would  have  the  same  facilities  at  its  command. 
The  University  beside  founding  professorships,  could  obtain  for  special 
lectures  in  both  these  schools,  eminent  professors  in  the  colleges  of  the 
state  and  the  specialists  in  the  state  departments.  Only  graduates  of  the 
colleges,  of  the  civil  academy  and  others  who  should  pass  satisfactory  exam- 
inations'set  by  the  regents  should  be  admitted  to  the  graduate  school. 
The  University  should  there  undertake  only  the  most  advanced  work. 
Graduates  of  the  colleges,  instead  of  going  to  Europe  to  carry  on  their 
researches  would  prefer  to  come  to  Albany  where  they  would  be  more 
likely  to  have  the  opportunity  of  entering  the  employ  of  American  uni- 
versities and  of  their  state  or  the  national  government.  The  whole  country 
would  look  to  the  University  of  the  State  of  New  York  for  its  trained 
specialists,  whether  as  teachers  or  as  civil  officers.  The  high  degrees 
conferred  by  the  University  could  be  made  the  most  honorable  of  any 
in  these  United  States. 

In  the  one  institution  of  the  University  would  be  realized  the  most 
hopeful  ideals  in  American  education  to-day  —  the  Johns  Hopkins  uni- 
versity idea,  of  the  highest  learning;  the  West  Point  idea,  of  special 
training  for  the  public  service;  the  Wharton  school  idea  in  its  broadest 
aspect  of  emphasizing  economics  and  political  science  as  studies  of  the 
first  importance  in  a  general  education;  and  the  university  extension 
idea  of  making  available  to  all  classes  of  the  people  all  the  facilities  of 
the  'higher  education.  The  University  itself  would  become  a  true 
academy  of  science  and  letters  with  international  influence  and  a  world- 
wide fame.  And,  perhaps,  at  some  time  not  far  distant,  the  government 
of  the  United  States,  again  learning  from  New  York,  would  carry  this 
innovation  to  the  capital  of  the  nation  and  thus  fulfil  the  dream  of 
Washington.  Indeed  another  bill  tor  a  national  university  has  lately 
been  introduced  into  congress  and  the  passage  of  some  such  act  may 
be  nearer  than  we  think. 


286  UNIVERSITY    OF   THE   STATE   OF   NEW   YORK 


BIBLIOGRAPHY 

1  New  York  (state)  senate  and  assembly.  Journals,  specially 
for  the  years  1784-87. 

These  have  been  carefully  gone  over  b}'  Daniel  J.  Pratt,  a  former  assistant  secre- 
tary of  the  regents,  and  extracts  made  of  nearly  all  entries  relating  to  the  found- 
ing of  the  University.  These  extracts  are  printed  in  Pratt's  Annals.  Mr  Pratt 
has  omitted  very  few  things  of  importance. 

2  New  York  (state)  legislature.  Acts  May  i,  1784;  Nov.  26, 
1784;  April  13,  1787;  and  Laws  of  1889,  ch.  529. 

To  be  found  in  various  forms,  notably  the  first  three  in  the  Historical  and 
statistical  record,  and  the  last  in  the  103d  Regents'  report. 

3  New  York  legislative  papers.     No.  382,  383,  385  and  388. 

These  have  been  described  in  the  body  of  this  work. 

4  Pratt,  Daniel  J.  Annals  of  public  education  in  the  state  of  New 
York,  fr.  1626-1746.      Alb.  1872. 

Published  in  a  separate  volume,  but  also  in  the  University  Convocation  proceed- 
ings for  the  years  1868,  1869,  1872,  1873,  1875,  1882.  This  is  a  most  valuable  "  col- 
lection of  the  official  acts  and  historical  records  relating  to  public  education,"  in 
New  York.  The  first  part  covers  the  Dutch  period  from  1626-64,  and  is  preceded 
by  an  excellent  account  of  the  sources.  The  second  part  covers  the  period  from 
1664-1746  or  the  English  colonial  period  down  to  the  movement  for  founding  King's 
college.  The  third  part  is  "  Legislative  grants  and  franchises  enacted  for  the 
benefit  of  academies"  and  extends  from  1786  to  1873.  The  fourth  part  relates  to 
the  founding  of  King's  college,  extending  from  1784-87.  The  sixth  part  begins  at 
1787  and  gives  the  proceedings  of  the  regents  and  legislative  action  in  behalf  of 
literature.     It  stops  with  1790. 

5  New  York  (state)  —  University.  Minutes  of  the  regents  from 
1784-87. 

Printed  in  part  5  of  Pratt's  Annals.  The  original  records  are  kept  by  Columbia 
college.     A  copy  is  held  by  the  regents. 

6  New  York  (state)  —  University.     Annual  report,  1827-date. 

There  are  105  annual  reports.  These  have  not  been  greatly  serviceable  for  the 
period  covered  by  this  monograph,  except  for  the  act  of  1889. 

7  New  York  (state)  -  Public  instruction,  Sup't  of.  Annual 
report,  1855-92. 

The  report  of  1890  was  the  36th.  The  reports  for  1884  and  1886  have  been  used 
in  the  sketch  of  the  system  of  primary  schools. 

8  Hough,  Franklin  B.  Historical  and  statistical  record  of  the 
University  of  New  York  during  the  century  from  1784  to  1884,  with  an 
introductory  sketch  by  David  Murray,  Ph.  D. ,  secretary  of  the  board  of 
regents.     Albany  1885. 

Chadbourne,  Paul  Ansel,  and  Moore,  W.  B.     State  of  New 
York;  the  public  service  of  the  state  of  N.  Y.     Bost.  1882. 

A  magnificent  work  in  three  huge  quarto  volumes;  v.  3  has  an  extended  account 
of  the  educational  systems  of  New  York. 


HISTORY   AND    ORGANIZATION  287 

10  U.  S.  —  Education,  Bureau  of.     Monographs. 

Notably  those  by  Dr  Adams  on  "  William  and  Mary  college"  and  on  "Thomas 
JefTerson  and  the  University  of  Virginia  "—that  of  Dr  Blackmar  on  "Federal 
and  state  aid  to  higher  education,"  and  those  on  "  Georgia  "  and  "  North  Carolina" 
by  Dr  Smith. 

11  Turgot,  Anne  Robert  Jacques.    Oeuvres,  v.  2.    Paris,  1884. 

12  Buisson,  Ferdinand  Edouard.     Dictionaire  de  pedagogic. 

13  Schmid.     Encyclopiidie  des  Erziehungswesens. 

14  Quesnay  de  Beaurepaire,  Chevalier.  Memoire,  status  et  pros- 
pectus, concernant  I'Academie  des  sciences  et  beaux-arts  des  Etats- 
Unis  de  L'Amerique,  etablie  a  Richemond.      Paris,  1788. 

15  Sundry  documents  on  the  subject  of  a  system  of  public  educa- 
tion for  the  state  of  Virginia.     Richmond,  1817. 

16  Sicard,  Abb6.  History  of  education  from  1762-1808  in  France 
{see  Le  correspondant,  new  ser.,  no.  79,  82,  84,  86,  87  and  88). 

17  Draper,  Andrew  S.  Origin  and  development  of  the  New  York 
common  school  system,  Albany,  1890. 

1&  Zwvtxs^  Chancellor  George  William.'  The  University  of  the 
State  of  New  York  ;  an  address  delivered  at  the  University  Convocation. 
Albany,  1890.     (Regents'  bulletin,  no.  2,  1890.) 

19  Howard,  Prof.  George  E.  Evolution  of  the  University  ;  an- 
nual address  before  the  Alumni  association  of  the  University  of 
Nebraska.     Lincoln,  Neb.  1890. 

These  are  the  chief  sources  used  in  the  preparation  of  this  mono- 
graph. There  are  a  number  of  other  works  which  were  used  to  some 
extent,  but  which  are  not  specially  to  be  noted.  Some  have  already 
been  noted  in  the  body  of  the  work.  Poore's  charters  have  been  con- 
sulted for  the  state  constitutions  and  Compayre  Hippeau,  Thery  and 
other  historians  of  education  in  France,  have  been  used,  as  well  as 
Mullinger's  article  on  the  "  University  "  in  the  Encyclopedia  Britannica. 


APPENDIX 

UNIVERSITY  LAW 

Latvs  of  New   York,    1892,  ch.  378 


AN  ACT  to  revise  and  consolidate  the  laws  relating  to  the  University 
of  the  State  of  New  York. 


Approved  by  the  Governor  April  27, 


Passed,  three  fifths  being  present. 


The  people  of  the  state  of  New  York,  represented  in  senate  and  assembly^ 
do  enact  as  follows  : 


1  Short  title. 

2  Definitions. 

3  Corporate  name  and  objects. 

4  Regents. 

5  Officers. 

6  Meetings  and  absences. 

7  Quorum  and  executive  committee. 

8  Authoritj^  of  regents  to  take  testi- 

mony. 

9  Ordinances  and  rules. 

10  Departments  and  theirgovernment. 

11  General  examinations,   credentials 

and  degrees. 

12  Academic  examinations. 

13  Admission  and  fees. 

14  Extension  of  educational  facilities. 

15  State  library;  how  constituted. 

16  Manuscripts  and  records  "  on  file." 

17  Use. 

18  Book  appropriations. 

19  Duplicate  department. 

20  Transfers  from  state  officers. 

21  Other  libraries  owned  by  the  state. 

22  State  museum;  how  constituted. 

23  Collections  made  by  the  stafiT. 

24  Institutions  in  the  University. 

25  Visitation  and  reports. 

26  Apportionment  of  state  money. 

27  Charters. 

28  Provisional  charters. 

29  Change  of  name  or  charter. 

30  Dissolution  and  rechartering. 

31  Suspension  of  operations. 

32  Conditions  of  incorporation. 

33  Prohibitions. 

34  Powers  of  trustees  of  institutions 

in  the  University. 


1  Number  and  quorum. 

2  Executive  committee. 

3  Meetings  and  seniority. 

4  Vacancies  and  elections. 

5  Property  holding. 

6  Control  of  property^ 

7  Officers  and  employees. 

8  Removals  and  suspensions. 

9  Degrees  and  credentials. 
10  Rules. 

^  35  Public     and     free     libraries     and 
museums. 

36  Establishment. 

37  Subsidies. 

38  Taxes. 

39  Trustees. 

40  Incorporation. 

41  Reports. 

42  Use. 

43  Injuries  of  property. 

44  Detention. 

45  Transfer  of  libraries. 

46  Local  neglect. 

47  Loans  of  books  from  the  state. 

48  Advice  and    instruction  from  state 

library  officers. 

49  Use  of  fees  and  fines. 

50  Apportionment  of    public   library 

money. 

51  Abolition. 

52  Laws  repealed. 

53  Saving  clause. 

54  Construction. 

55  To  take  eflTect. 
Schedule  of  laws  repealed. 


§  I  Short  title.     This  chapter  shall  be  known  as   the  University 
law. 

Meaning  ^  ^  Definitions.     As  used  in  this  chapter, 

Uwof  I   Academies    are    incorporated    schools    for    instruction    in    higher 

Academies   branches  of  educatvpn,  but  not  authorized  to  confer  degrees,  and  such 


"  Univer- 
sity law." 


\l 


UNIVERSITY   LAW  289 

high  schools,  academic  departments  in  union  schools  and  similar  un- 
incorporated schools  as  are  admitted  by  the  regents  to  the  University 
as  of  academic  grade. 

2  The  term  college  includes  universities  and  other   institutions   for  college, 
higher  education  authorized  to  confer  degrees. 

3  University  means  University  of  the  State  of  New  York.  University. 

4  Regents  means  board  of  regents  of  the  University  of  the  State  of  Regents, 
New  York. 

5  State  superintendent  means  state  superintendent  of  public  instruc-  state  sup'u 
tion. 

6  Higher  education  means  education  in   advance  of  common   ele-  Higher 
mentary  branches,  and  includes  the  work  of  academies,  colleges,   uni-  ^  "<^»"on- 
rersities,  professional  and  technical  schools  and  educational  work  con- 
nected with  libraries,  museums,  university  extension  courses  and  similar 
agencies. 

7  The  term  trustees  includes  directors,  managers,  or  other  similar  Trustees, 
members  of  the  governing  board  of  an  educational  institution. 

§  3  Corporate  name  and  objects.     The  corporation  created  in  To  pro- 
1784  under  the  name  of  Regents  of  the  University  of  the  State  of  New  {Jl^jf^r 
York  shall  continue  and  be  known  as  University  of  the  State  of  New  ed^uraUon; 
York.     Its  objects  shall  be  to  encourage  and  promote  higher  education,  Ltftutions;" 
to  visit  and  inspect  its  several  institutions  and  departments,  to  distribute  pr™e"rfy" 
to  or  expend  or  administer  for  them  such  property  and  funds  as  the  state  and  funds, 
may  appropriate  therefor  or  as  the  University  may  own  or  hold  in  trust 
or  otherwise,  and  to  perform  such  other  duties  as  may  be  intrusted  to  it. 

§  4  Regents.      The  University  shall  be  governed  and  all  its  corpo-  Governed 
rate  powers  exercised  by    19    elective    regents,   and  by  the   governor,  ^^^tl.'^" 
lieutenant-governor,  secretary  of    state,  and  superintendent  of   public 
instruction,  who  shall  be  ex  officio  regents.      In  case  of  the  death,  resig-  Mode  of 
nation,  refusal  to  act  or  removal  from  the  state,  of  any  elective  regent,  electing. 
his  successor  shall  be  chosen  by  the  legislature  in  the  manner  provided 
by  law  for  the  election  of  senators  in  congress,  except  that  the  election 
may  take  place  at  such  time  during  the  session  of  the  legislature  as  it 
may  determine.      No  person  shall  be  at  the  same  time  an  elective  regent  Non-eiigi- 
^.  of  the  University  and  a  trustee,  president,  principal,  or  any  other  officer  bi''ty- 
of  any  institution  belonging  to  the  University. 

§  5  Officers.      The  elective  officers  of  the  University  shall  bea  chan-  ^lec^tive 
cellor  and  a  vice-chancellor  who  shall  serve  without  salary,  a  secretary,  chosen  by 
and  such  other  officers  as  are  deemed  necessary  by  the  regents,  all  of  whom  \f^^^l^ 
shall  be  chosen  by  ballot  by  the  regents  and  shall  hold  office  during  office, 
their  pleasure;  but  no  election,  removal  or  change  of  salary  of  an  elect- 
ive officer  shall  be  made  by  less  than  10  votes  in  favor  thereof.      Each  Regents 
^regent  and  each   elective  officer  shall,  before  entering   on   his   duties,  n"us°take" 
take  and  file  with  the  secretary  of  state  the  oath  of  office   required  of  oath^of 
state  officers. 

The  chancellor  shall  preside  at  all  Convocations  and  at  all  meetings  Duties  of 
of  the  regents,  confer  all  degrees  which  they  shall  authorize,  and  fix  the  ^f ''v'ice-'"'^*' 
time  and  place  of  all  special  meetings.     In  his  absence  or  inability  to  chancellor 

\  .  ,,  T  1       1         .  1  .    .1  ■  i.  i.  and  senior 

act,  the  vice-chancellor,  or  if  he  be  also  absent,  the  senior  regent  present  regent; 
shall  perform  all  the  duties  and  have  all  the  powers  of  the  chancellor. 

The  secretary  shall  be  responsible  for  the  safe-keeping  and  proper  use  of  secre- 
of  the  University  seal  and  of  the  books,  records,  and  other  property  in  ^^• 
37 


290 


UNIVERSnV    OF    THE    STATE    OF    NEW    VCRK 


Secretary's 
bond  of 


May  ap. 

point 

deputy. 

Annual 

meetings 

fixed  by 

ordinance. 

Special 
meetings. 

Tiiree 
absences 
make 
vacancy. 


Ten  a 

quorum. 

Executive 

committee 

of  7  or 

more. 

Powers. 


May  hear 
proofs. 


May  make 
or  alter 
rules. 


Restric- 
tion. 


State  li- 
brary, mu- 
seum, and 
other  Oni 
versify 
dep'ts  un- 
der exclu- 
sive con- 
trol of 
regents. 


Regents 
may  main- 
tain lect- 
ures; buy, 
sell,  re- 
ceive,lend 
or  deposit 
articles. 


May  con- 
fer honor- 
ary de- 
grees, and 


charge  of  the  regents,  and  for  the  proper  administration  and  discipline 
of  Its  various  offices  and  departments,  and  shall  give  an  undertaking  to 
be  approved  by  and  filed  with  the  state  controller,  in  the  sum  of 
$10,000  for  the  faithful  discharge  of  his  duties.  He  may  appoint,  sub- 
ject to  the  confirmation  of  the  chancellor,  a  deputy  to  exercise  tempo- 
rarily any  specified  powers  of  the  secretary  in  his  absence. 

§  6  Meetings  and  absences.  In  addition  to  the  annual  meetings 
for  which  the  time  and  place  shall  be  fixed  by  ordinance  of  the  regents, 
the  chancellor  shall  call  a  meeting  as  often  as  the  business  of  the  Uni- 
versity shall  require,  or  on  written  request  of  any  five  regents;  and  at 
Ijeast  10  days'  notice  of  every  meeting  shall  be  mailed  to  the  usual 
address  of  each  regent.  If  any  regent  shall  fail  to  attend  three  consec- 
utive meetings,  without  written  excuse  accepted  as  satisfactory  by  the 
regents  not  later  than  the  third  consecutive  meeting  from  which  he  has 
been  absent,  he  shall  be  deemed  to  have  resigned,  and  the  regents  shall 
promptly  report  the  vacancy  to  the  legislature,  which  shall  fill  it  as 
provided  in  §  4. 

§  7  Quorum  and  executive  committee.  Ten  regents  attending 
shall  be  a  quorum  for  the  transaction  of  business,  but  the  regents  may 
elect  an  executive  committee  of  not  less  than  seven,  which,  in  the  inter- 
vals between  their  meetings,  may  transact  such  business  of  the  regents 
as  they  may  authorize,  except  to  grant,  alter,  suspend  or  revoke  char- 
ters, or  to  grant  honorary  degrees. 

§  8  Authority  of  regents  to  take  testimony.  The  regents,  or 
any  committee  thereof,  may  take  testimony  or  hear  proofs  in  any  man- 
ner relating  to  their  official  duties,  or  in  any  matter  which  they  may 
lawfully  investigate. 

§  9  By-laws,  ordinances  and  rules.  The  regents  may  as  they 
deem  advisable  in  conformity  to  law,  make,  alter,  suspend  or  repeal  any 
by-laws,  ordinances,  rules  and  resolutions  for  the  accomplishment  of  the 
trusts  reposed  in  them.  No  by-law,  ordinance  or  rule  by  which  more 
than  a  majority  vote  shall  be  required  for  any  specified  action  by  the 
regents  shall  be  amended,  suspended  or  repealed  by  a  smaller  vote  than 
that  required  for  action  thereunder. 

§  10  Departments  and  their  governments.  The  state  library 
and  state  museum  shall  be  departments  of  the  University,  and  the  re- 
gents may  establish  such  other  departments  as  they  deem  necessary  to 
discharge  the  duties  imposed  on  them  by  law.  All  University  depart- 
ments shall  be  under  exclusive  control  of  the  regents  who  shall  have 
all  powers  of  trustees  thereof,  including  authority  to  appoint  all  needed 
officers  and  employees;  to  fix  their  titles,  duties,  salaries  and  terms  of 
service;  to  make  all  needed  regulations;  and  to  buy,  sell,  exchange  or 
receive  by  will,  gift  or  on  deposit,  articles  or  collections  properly  per- 
taining thereto;  o  maintain  lectures  connected  with  higher  education 
in  this  state,  and  to  lend  to  or  deposit  permanently  with  other  institu- 
tions books,  specimens  or  other  articles  in  their  custody  which,  because 
of  being  duplicates  or  for  other  reasons,  will  in  the  judgment  of  the 
regent?  be  more  useful  in  said  institutions  than  if  retained  in  the  original 
collections  at  Albany. 

§  1 1  General  examinations,  credentials  and  degrees.  The 
regents  may  confer  by  diploma  under  their  seal  such  honorary  degrees 
as  they  may  deem  proper,  and  may  establish  examinations  as  to  attain- 


UNlVKRSriN'    LAW  29I 

ments  in  learning,  and    may    award    and    confer   suitable   certificates,  anti'.i'e-*'*^ 
diplomas  and  degrees  on  persons  who  satisfactorily  meet  the  require-  grtc-s  on 
ments  prescribed.  tion.' 

§  12   Academic  examinations.      The  regents  shall  establish  in  the  Standards 
academies  of  the  University,  examinations  in  studies  furnishing  a  suita-  jemlc'^" 
ble  standard  of  graduation  from  academies  and  of  admission  to  colleges,  s.^du-^ 
and  certificates  or  diplomas  shall  be  conferred  by  the  regents  on  students  coiicKe  ad- 
who  satisfactorily  ]iass  such  examinations.  mission. 

§  [3  Admission  and  fees.      Any  person  shall  be  admitted  to  these  ^{'*^"^° 
examinations  who  shall  conform  to  the  rules  and  pay  the  fees  prescribed  p-g^j,  ^^^ 
by  the  regents,  and  said  fees  shall  not  exceed  one  dollar  for  each  aca-  ovei  Si.for 
demic  branch,  or  five  dollars  for  each  higher  branch  in  which  the  can- ^^^['^^"'for 
didate  is  examined;  and  all  fees  received  may  be  used  by  the  regents  Wgher  ^ 
for  expenses  of  examinations. 

§  14  Extension  of  educational  facilities.     The  regents  may  co- ^ay^o^ 
operate  with  other  agencies  in  bringing  within  the  reach  of  the  P^OP^^  u^^^g'sit" 
at  large  increased   educational  opportunities  and  facilities,   by  stimu-  extension, 
lating  interest,   recommending  methods,    designating  suitable  teachers 
and  lecturers,  lending  necessary  books  and  apparatus,   conducting  ex- to  pay  " 
aminations  and  granting  credentials  and  otherwise  aiding  such  work.  p'|."^'gg"Jr 
No  money  appropriated  by  the  state  for  this  work  shall  be  expended  in  teachers' 
paying  for  services  or  expenses  of  teachers  or  lecturers. 

§15  State   library,    how   constituted.     All    books,    pamphlets,  ,^/]|.^'^*^« 
manuscripts,   records,  archives  and   maps,   and  all   other   property   ap-  property 
propriate  to  a  general  library,  if  owned  by  the  state  and  not  placed  in  sta"e°" 
other  custody  by  law,  shall  be  in  charge  of  the   regents  and  constitute  ll^^fT^;;/*- 
the  state  library. 


^16  Manuscripts    and    records    "on    file."      Manuscript 


or 


Ms    and 
records 


printed  papers  of  the  legislature,  usually  termed  "on   file,"  and   which  morethan 
shall  have  been  on  file  more  than  five  years  in  custody  of  the  senate  and  ^^^oTfiXe" 
assembly  clerks,  and  all  public  records  of  the  state  not  placed  in   other  are  part  of 
custody  by  a  specific  law  shall  be  part  of  the  state  library  and   shall  be  br'afy.' 
kept  in  rooms  assigned  and  suitably  arranged  for  that   purpose  by  the 
trustees  of  the  capitol.     The  regents  shall  cause  such  papers   and   rec-Tobemade 
ords  to  be  so  classified  and  arranged  that  they  can  be  easily  found.    No  avai'iabie. 
paper  or  record  shall  be  removed  from  such  files  except  on  a  resolution 
of  the  senate  and  assembly  withdrawing  them  for  a  temporary  purpose,  moxxd*^^ 
and  in  case  of  such  removal  a  description  of  the  paper  or   record  and  only  by 
the  name  of  the  person  removing  the  same  shall   be  entered  in  a  book  assembly 
provided  for  that  purpose,  with  the  date  of  its  delivery  and  return.  resolution. 

§  17   Use.      The  state  library  shall  be  kept  ofjcn   not  less  than  eight  L^bwry  to 
hours  every   week  day  in  the  year,  and  members  of    the    legislature,  at  least 
judges  of  the  court  of  appeals,  justices  of  the  supreme  court,  and  heads  jj^i"".*^^ 
of  state  departments  may  borrow  from    the  library  books   for   use   in  state  offi- 
Albany,  but  shall  be  subject  to  such  restrictions  and  penalties  as  may  bon-owf 
be  prescribed  by  the  regents  for  the  safety  or  greater  usefulness  of  the 
library.     Others  shall  be  entitled  to    use  or  borrow  books    from    the  Other 
library  only  on  such  conditions  as  the  regents  shall  jirescribe.  orru\\ers. 

§  18  Book  appropriation.     The  treasurer  shall    pay  annually   ^of^'^-^^^^'- 
the  regents,  on    warrant   of  the  controller,    ^15,000  for   books,  serials  books, 
and  binding  for  the  state  library. 

§  19  Duplicate  department.     The  regents  shall  have  charge  of  charge  of 


J92 


UNIVERSITY   OF   THE   STATE   OF   NEW   YORK 


the  preparation,  publication  and  distribution,  whether  by  sale,  exchange 
or  gift,  of  the  colonial  history,  natural  history,  and  all  other  state  publi- 
cations not  otherwise  assigned  by  law.     To  guard  against  waste  or  de- 
struction of  state  publications,  and  to  provide  for  completion  of  sets  to 
be  permanently  preserved  in  American  and  foreign  libraries,  the  regents 
shall  maintain  a  duplicate  department  to  which  each  state  department, 
bureau,  board  or  commission  shall  send  not  less  than  five  copies  of  each 
of  its  publications  when  issued,  and  after  completing  its  distribution, 
any  remaining  copies  which  it  no  longer  requires.     The  above,  with  any 
Receipts  to  other  publications  not  needed  in  the  state  library,  shall  be  the  duplicate 
be^^sedfor  (jgpartment,  and  rules  for  sale,  exchange  or  distribution  from   it  shall 
'  "'^^'        be  fixed  by  the  regents,  wlio  shall  use  all  receipts  from  such  exchanges 
or  sales  for  expenses  and  for  increasing  the  state  library. 

§  20  Transfers  from  state  officers.  The  librarian  of  any  li- 
brary owned  by  the  state,  or  the  officer  in  charge  of  any  state  depart- 
ment, bureau,  board,  commission  or  other  office  may,  with  the  approval 
of  the  regents,  transfer  to  the  permanent  custody  of  the  state  library  or 
museum '  any  books,  papers,  maps,  manuscripts,  specimens  or  other 
articles  which,  because  of  being  duplicates  or  for  other  reasons,  will  in 
his  judgment  be  more  useful  to  the  state  in  the  state  library  or  museum 
than  if  retained  in  his  keeping. 

§  21  Other  libraries  owned  by  the  state.  The  report  of  the 
state  library  to  the  legislature  shall  include  a  statement  of  the  total 
number  of  volumes  or  pamphlets,  the  number  added  during  the  year, 
with  a  summary  of  operations  and  conditions,  and  any  needed  recom- 
mendation for  safety  or  usefulness  for  each  of  the  other  libraries  owned 
"by  the  state,  the  custodian  of  which  shall  furnish  such  information  or 
facilities  for  inspection  as  the  regents  may  require  for  making  this  re- 
port. Each  of  these  libraries  shall  be  under  the  sole  control  now  pro- 
vided by  law,  but  for  the  annual  report  of  the  total  number  of  books 
owned  by  or  bought  each  year  by  the  state,  it  shall  be  considered  as  a 
branch  of  the  state  library  and  shall  be  entitled  to  any  facilities  for  ex- 
change of  duplicates,  interlibrary  loans  or  other  privileges  properly 
accorded  to  a  branch. 
Includes  §  22  State  museum,  how  constituted.  Unless  otherwise  spe- 
workof  all  cifically  provided  by  law,  the  state  museum  shall  include  the  work  of  the 
dficVffi-^"'  state  geologist,  paleontologist,  botanist,  entomologist  and  any  other  state 
scientific  officers;  and  these  officers  with  their  respective  assistants  shall 
constitute  the  scientific  staff  of  the  state  museum.  All  scientific  speci- 
mens and  collections,  works  of  art,  objects  of  historic  interest  and  simi- 
lar property  appropriate  to  a  general  museum,  if  owned  by  the  state  and 
not  placed  in  other  custody  by  a  specific  law,  shall  constitute  the  state 
museum,  and  one  of  its  officers  shall  annually  inspect  all  such  property 
not  kept  in  the  state  museum  rooms^  and  the  annual  report  of  the  mu- 
seum to  the  legislature  shall  include  summaries  of  such  property,  with  its 
location,  and  any  needed  recommendations  as  to  its  safety  or  usefulness. 
§  23  Collections  made  by  the  staff.  Any  scientific  collection 
made  by  a  member  of  the  museum  staff  during  his  term  of  office  shall, 
lono  10  unless  otherwise  authorized  by  resolution  of  the  regents,  belong  to  the 
museum.      ^^^^^  ^^^  ^^^^^^  ^^^^^  ^^  ^j^^  ^^^^^  museum. 

University      §  24  Institutions  in  the   University.     The   institutions  of  the 
'inncor-      University  shall  include  all  institutions  of  higher  education  which  are 


certain 
state  pub- 
lications. 
Duplicate 
dep't  in 
state  li- 
brary. 
To  have 
extra 
copies  of 
all  state 
publica- 
tions. 


Books, 
papers  and 
other  ar- 
ticles may 
be  trans- 
ferred to 
state  li- 
brary. 


State  li  - 
brary  re- 
port to  in  - 
elude  sum 
marized 
reports  of 
other  li- 
braries. 


.  uch  li- 
raries  to 
lave  all 
privileges 
of 
branches. 


cers. 

Includes 
state  iirop- 
ertv  ap- 
propriate 
to  general 
museum. 

Excep- 
tions. 

Summar- 
ized re- 
ports. 

Collections 
during 
office  be- 


UNIVERSITY    I,AW 


293 


now  or  may  hereafter  be  incorporated  in  this  state,  and  such  other  libra-  ported 
lies,  museums  or  other  institutions  for  higher  education  as  may,  in  con-  Iwaslor 
formity  with  the  ordinances  of  the  regents,  after  official  inspection,  be  c!h,ra'tioo. 
admitted  to  or  incorporated  by  the  University.      The  regents  may  ex-  Regents 
elude  from  such  membership  any  institution  failing  to  comply  with  law  duoc7roin 
or  with  any  ordinance  or  rule  of  the  University.  member- 

§  25  Visitation  and  reports.     The  regents  or  their  committees  ^  '''' 
or  officers  shall  visit,  examine  into  and  inspect  the  condition  and  ope-  ^lonsiobe 
rations  of  every  institution  and  department  in  the   University,  and  re- ^"^P^*^'^'* 
quire  of  each  an  annual  report  verified  by  oath  of  its  presiding  officer,  ports°'^^* 


tion,  equipment,  methods,  and  operations,  with  such  other  information  o*'*!* 
and  in  such  form  as  may  be  prescribed  by  the  regents  who  shall  annually 
report  to  the  legislature  the  condition  of  the  University  and  of  each  of 
its  institutions  and  departments,  with  any  further  information  or  recom- 
mendations which  they  shall    deem  it   desirable   to  submit;  and  such 
parts  of  their  report  as  they  shall  deem  necessary  for  use  in  advance  of 
the  annual  volume,  may  be   printed  by  the   state   printer   as   bulletins. 
For  refusal  or  continued  neglect  on  the  part   of  any  institution  in  the  Suspension 
University  to  make  the  report  required  by  this  section,  or  for  violation  or  riS" 
of  any  law,  the  regents  may  suspend  the  charter  or  any  of  the  rights  [^'■j."'^|'^«* 
and  privileges  of  such  institution.  orepo 

§  26  Apportionment  of  state  money.     The  treasurer  shall  pay  ^^^„^,f^["''= 
annually,  on  warrant   of  the  controller,    $12,000    from  the  income  of$"o6,<^ap- 
the  literature  fund,  $34,000  from  the  income  of  the  United  States  deposit  ^nnuaUyf 
fund,  and  $60,000  from  the  general   fund,  according  to  an  apportion- 
ment to  be  made  for  the  benefit  of  the  academies  of  the  University  by 
the  regents  in  accordance  with   their  rules,  and  authenticated  by  their 
seal,  provided  that  the  said  $60,000  from  the  general  fund  shall  be  used  Restric- 
only  for  academic  departments  of  union  schools,  and  that  no  academy  [!,°"" 
shall  share  in  such  apportionment   unless  the  regents  shall  be  satisfied  o°shirrn°g 
by  personal  inspection  by  one  of  their  officers,  the  necessary  expenses  ["^j'^PJ'^^j 
of  which  inspection  may  be  paid  out  of  said  money,  that  it  has  suitable 
provision   for   buildings,   furniture,    apparatus,    library   and  collections, 
and  has  complied  with  all  their  requirements;  and  provided  that  books, 
apparatus,  scientific  collections  or  other  educational  equipment  furnished  Grants 
by  the  state  or  bought  with  money  apportioned  from  state  funds  shall  .-et''Jrn."" 
be  subject  to  return  to  the  regents  whenever   the  charter  of  the  school 
shall  be  revoked  or  it  shall  discontinue  its  educational  operations. 

§27  Charters.      The  regents  may,  by    an    instrument  under  their  Regents 
seal  and  recorded  in   their  office,    incorporate   any   university,  college,  ^^y '"cor- 
academy,  library,  museum,  or  other  educational  institution,  under  such  cliuor-''"^ 
name,  with  such  number  of  trustees  or  other  managers,  and  with  such  ,'1^.?.?.','"^"- 
powers,   privileges    and    duties,    and   subject  to    such    limitations   and 
restrictions  in  all  respects  as  the  regents  may  prescribe  in  conformity 
to  law. 

§  28  Provisional  charters.     On  evidence  satisfactory  to  the  re- j^r^'^i]'^- 
gents  that  the  conditions  for  an  absolute  charter  will  be  met  within  a  prov'irionai 
prescribed  time,  they  may  grant  a  provisional   charter  which   shall   be  '^''"'<='s. 
replaced  by  an  absolute  charter  when   the  conditions  have  been  fully 
met;  otherwise,  after  the  specified  time,  on  notice  from  the  regents  to 
this  effect,  the  provisional  charter  shall  terminate  and  become  void  and 


tutioa. 


294 


UNIVERSITY   OF  THE   STATE   OF   NEW   YORK 


No  degrees. 


Unless  on 
unanimous 
request  of 
trustees, 
30  days'  no- 
tice of  pro- 
posed 
changes 
must  be 
given. 


Regents 
may  dis- 
solve edu- 
cational 
corpora- 


May  issue 
new  char- 


Charter  to 
be  surren- 
dered sub- 
ject to  res- 
toration. 


$500,000  for 
degree- 
conferring 
powers. 


Limit  on 
location 
and  de- 
grees. 

No  incor- 
poration or 
extension 
of  educa- 
tional pow- 
ers under 
general  act 


Conferring 
degrees. 


Use  of 
name  col- 
lege or  uni 
versity. 


Buying, 
selling  or 
tampering 
with  cre- 
dentials. 


shall  be  surrendered  to  the  regents.  No  such  provisional  charter  shall 
give  power  to  confer  degrees. 

§  29  Change  of  name  or  charter.  The  regents  may  at  any 
time,  for  sufficient  cause,  by  an  instrument  under  their  seal  and  recorded 
in  their  office,  change  the  name,  or  alter,  suspend  or  revoke  the  charter 
of  any  institution  chartered  by  the  regents  or  under  a  general  law;  pro- 
vided, that  unless  on  unanimous  request  of  the  trustees  of  the  institution, 
no  name  shall  be  changed  and  no  charter  shall  be  altered,  nor  shall  any 
rights  or  privileges  thereunder  be  suspended  or  repealed  by  the  re- 
gents, till  they  have  mailed  to  the  usual  address  of  every  trustee  of  the 
institution  concerned  at  least  30  days'  notice  of  a  hearing  when  any  ob- 
jections to  the  proposed  change  will  be  considered,  and  till  ordered  by 
vote  at  a  meeting  of  the  regents  for  which  the  notices  have  specified 
that  action  is  to  be  taken  on  the  proposed  change. 

§  30  Dissolution  and  rechartering.  Under  like  restrictions 
the  regents  may  dissolve  any  such  educational  corporation,  whether 
with  or  without  a  capital  stock,  and  whether  incorporated  by  the  regents 
or  under  a  general  or  by  a  special  law,  and  make  such  disposition  of 
the  property  of  such  corporation  remaining  after  payment  of  its  debts 
and  liabilities  as  the  regents  shall  deem  just  and  equitable  and  best  pro- 
moting public  interests.  The  regents  may  also,  after  a  similar  hearing, 
issue  to  any  such  educational  corporation  a  new  charter  which  shall 
take  the  place  in  all  respects  of  that  under  which  it  has  been  operating. 

§  31  Suspension  of  operations.  If  any  institution  in  the  Uni- 
versity shall  discontinue  its  educational  operations  without  cause  satis- 
factory to  the  regents,  it  shall  surrender  its  charter  to  them,  subject, 
however,  to  restoration  whenever  arrangements  satisfactory  to  the  re- 
gents are  made  for  resuming  its  work. 

§  32  Conditions  of  incorporation.  No  institution  shall  be  given 
power  to  confer  degrees  in  this  state  unless  it  shall  have  resources  of  at 
least  $500,000;  and  no  institution  for  higher  education  shall  be  incor- 
porated without  suitable  provision,  approved  by  the  regents,  for  build- 
ings, furniture,  educational  equipment  and  proper  maintenance.  No 
institution  shall  institute  or  have  any  faculty  or  department  of  higher 
education  in  any  place  or  be  given  power  to  confer  any  degree  not 
specifically  authorized  by  its  charter;  and  no  institution  of  higher  edu- 
cation shall  be  incorporated  under  the  provisions  of  any  general  act 
authorizing  the  formation  of  a  corporation  without  grant  of  a  special 
charter  on  individual  application,  and  no  corporation  shall,  under 
authority  of  any  general  act,  extend  its  business  to  include  establishing 
or  carrying  on  any  such  institution. 

§  33  Prohibitions.  No  individual,  association  or  corporation  not 
holding  university  or  college  degree-conferring  powers  by  special  char- 
ter from  the  legislature  of  this  state  or  from  the  regents,  shall  confer 
any  degrees,  nor  after  January  i,  1893,  shall  transact  business  under, 
or  in  any  way  assume  the  name  university  or  college,  till  it  shall  have 
•  received  from  the  regents  under  their  seal  written  permission  to  use  such 
name,  and  no  such  permission  shall  be  granted  by  the  regents,  except 
on  favorable  report  after  personal  inspection  ot  the  institution  by  an 
officer  of  the  University.  No  person  shall  buy,  sell  or  fraudulently  or 
illegally  make  or  alter,  give,  issue  or  obtain  any  diploma,  certificate,  or 
other  instrument  purporting  to  confer  any  literary,  scientific,  professional 


UNIVERSITY    LAW  295 

or  other  degree,  or  to  constitute  any  license,  or  to  certify  to  the  com- 
pletion in  whole  or  in  part  of  any  course  of  study  in  any  university,  col- 
leg^,  academy  or  other  educational  institution.     Nor  shall  any  person  Fajsc 
with  intent  to  deceive,  falsely  represent  liimself  to  have  received  any 
such  degree  or  credential.     Counterfeiting  or  falsely  or  without  author-  rounter- 
ity  making  or  altering  in  a  material  respect  any  such  credential  issued  lucr"inf,°' 
under  seal  shall  be  a  felony,  and  any  other  violation  of  this  section  shall '^'■^■'{'^"''^'s 
be  a  misdemeanor  ;  and  any  person  who  aids  or  abets  another,  or  adver-  *  ^  ''"^' 
tises  or  offers  himself  to  violate  the  provisions  of  this  section,  shall  be 
liable  to  the  same  penalties. 

§  34  Powers  of  trustees  of  institutions  in  the  University. 
The  trustees  of  every  corporation  created  for  educational  purposes  and 
subject  to  visitation  by  the  regents,  unless  otherwise  provided  by  law 
or  by  its  charter,  may  : 

1  Number   and   quorum.     Fix   the    number  of   trustees,   which  Trustees  s 
shall  not  exceed  25,  nor  be  less  than  five.     If  any  institution  has  more'°^^" 
than  five  trustees,  the  body  that  elects,  by  a  two-thirds  vote  after  notice  Reducing 
of  the  proposed  action  in  the  call  for  a  meeting,  may  reduce  the  number""™''^''' 
to  not  less  than  five  by  abolishing  the  office  of  any  trustee  which  is 
vacant  and  filing  in  the  regents'  office  a  certified  copy  of  the  action.     A  Majority  a 

■      •.        r  ^1  1     1  I  1     II  u  quorum. 

majority  of  the  wliole  number  shall  be  a  quorum. 

2  Executive  committee.     Elect  an  executive  committee  of  not  Not  less 
less  than  seven,   who,   in  intervals  between  meetings  of  the    trustees,  '''^"  7* 
may  transact  such  business  of  the  corporation  as  the  trustees  may  au-  Powers, 
thorize,  except  to  grant  degrees  or  to  make  removals  from  office. 

3  Meetings  and  seniority.     Meet  on  their  own  adjournment  or  Regular 
when  required  by  their  by-laws,  and  as  often  as  they  shall  be  summoned  ^^g^^P^'^'*' 
by  their  chairman,  or  in  his  absence  by  the  senior  trustee,  on  written 
request  of  three  trustees.      Seniority  shall  be  according  to  the  order  in  seniority 
which  the   trustees  are   named  in  the  charter  or  subsequently  elected.  »« elected. 
Notice  of  the  time  and  place  of  every  meeting  shall  be  mailed  not  less  5  to  10  days' 
than  five  nor  more  than   10  days  before  the  meeting  to  the  usual  ad-  n°eeti'j,^s 
dress  of  every  trustee. 

4  Vacancies  and  elections.     Fill  any  vacancy  occurring  in  the  Trustees 
office  of  any  trustee  by  electing  another  for  the  unexpired  term.     The  vacancies, 
office  of  any  trustee  shall  become  vacant  on    his   death,  resignation, 
refusal  to  act,  removal  from  office,  expiration  of  his  term,  or  any  other 

cause  specified  in  the  charter.      If  any  trustee  shall  fail  to  attend  three  Three  ab- 
consecutive  meetings  without  written  excuse  accepted  as  satisfactory  by  ^^^^^"^.j^. 
the  trustees  not  later  than  the  third  consecutive  meeting  from  which  hecancy. 
has  been  absent,  he  shall  be  deemed  to  have  resigned,  and  the  vacancy 
shall  be  filled.     Any  vacancy  in  the  office  of  trustee  continuing  for  more  Regents 
than  one  year,  or  any  vacancy  reducing  the  number  of  trustees  to  less  "enain  va- 
than  two  thirds  of  the  full  number  may  be  filled  by  the  regents.     No  ^^'•"'j|fgn 
person  shall  be  ineligible  as  a  trustee  by  reason  of  sex.  eligible. 

5  Property  holding.  Take  and  hold  by  gift,  grant,  devise  or  Regents 
bequest  in  their  own  right  or  in  trust  for  any  purpose  comprised  in  the  [^^^^^^.'1^^" 
objects  of  tlie  corporation,  such  additional  real  and  personal  property  holding 
beyond  such  as  shall  be  authorized  by  their  charter  or  by  special  or  |^e°'^n'^^' 
general  statute,  as  the  regents  shall  authorize  within  one  year  after  the  chafer 
delivery  of  the  instrument  or  probate  of  the  will,  giving,  granting,  de-  '"' ' 
vising  or  bequeathing  such  property  and  such  authority  given  by  the 


296 


UNIVERSITY  OF  THE  STATE   OF  NEW   YORK 


regents  shall  make  any  such  gift,  grant,  devise  or  bequest  operative  and 
valid  in  law. 

6  Control  of  property.  Buy,  sell,  mortgage,  let  and  otherwise 
use  and  dispose  of  its  property  as  they  shall  deem  for  the  best  interests 
of  the  institution;  and  also  to  lend  or  deposit,  or  to  receive  as  a  gift, 
or  on  loan  or  deposit,  literary,  scientific  or  other  articles,  collections,  or 
property  pertaining  to  their  work;  and  such  gifts,  loans  or  deposits 
may  be  made  to  or  with  the  University  or  any  of  its  institutions  by  any 
person,  or  by  legal  vote  of  any  board   of  trustees,  corporation,  associ- 

Transfer  of  ation  or  school  district,  and  any  such  transfer  of  property,  if  approved 
by  the  regents,  shall  during  its  continuance,  transfer  responsibility 
therefor  to  the  institution  receiving  it,  which  shall  also  be  entitled  to 
receive  any  money,  books  or  other  property  from  the  state  or  other 
sources  to  which  said  corporation,  association  or  district  would  have 
been  entitled  but  for  such  transfer. 

7  Officers  and  employees.  Appoint  and  fix  the  salaries  of  such 
officers  and  employees  as  they  shall  deem  necessary,  who,  unless  em- 
ployed under  special  contract,  shall  hold  their  offices  during  the  pleasure 
of  the  trustees;  but  no  trustee  shall  receive  compensation  as  such. 

8  Removals  and  suspensions.  Remove  or  suspend  from  office 
by  vote  of  a  majority  of  the  entire  board  any  trustee,  officer  or  em- 
ployee engaged  under  special  contract,  on  examination  and  due  proof 
of  the  truth  of  a  written  complaint  by  any  trustee,  of  misconduct,  in- 
capacity or  neglect  of  duty;  provided  that  at  least  one  week's  previous 
notice  of  the  proposed  action  shall  have  been  given  to  the  accused  and 
to  each  trustee. 

9  Degrees  and  credentials.  Grant  such  degrees  and  honors  as 
are  specifically  authorized  by  their  charter,  and  in  testimony  thereof 
give  suitable  certificates  and  diplomas  under  their  seal;  and  every  cer- 
tificate and  diploma  so  granted  shall  entitle  the  conferee  to  all  privileges 
and  immunities  which  by  usage  or  statute  are  allowed  for  similar  di- 
plomas of  corresponding  grade  granted  by  any  institution  of  learning. 

Rules  not  iq  Rules.  Make  all  by-laws,  ordinances  and  rules  necessary  and 
with  uw'or  proper  for  the  purposes  of  the  institution  and  not  inconsistent  with  law 
Un^^ersity  ^^  ^^y  ordinance  or  rule  of  the  University;  but  no  ordinance  or  rule  by 
which  more  than  a  majority  vote  shall  be  required  for  any  specified  ac- 
tion by  the  trustees  shall  be  amended,  suspended  or  repealed  by  a 
smaller  vote  than  that  required  for  action  thereunder. 

§  35  Public  and  free  libraries  and  museums.  All  provisions 
of  §  35  to  51  shall  apply  equally  to  libraries,  museums,  and  to  com- 
bined libraries  and  museums,  and  the  word  library  shall  be  construed 
to  include  reference  and  circulating  libraries  and  reading-rooms. 

§  36  Establishment.  By  majority  vote  at  any  election,  any  city, 
village,  town,  school  district,  or  other  body  authorized  to  levy  and  col- 
lect taxes,  or  by  vote  of  its  common  council,  any  city,  or  by  vote  of  its 
trustees,  any  village,  may  establish  and  maintain  a  free  public  library, 
with  or  without  branches,  either  by  itself  or  in  connection  with  any 
other  body  authorized  to  maintain  such  library.  Whenever  25  taxpay- 
ers shall  so  petition,  the  question  of  providing  library  facilities  shall  be 
voted  on  at  the  next  election  or  meeting  at  which  taxes  may  be  voted, 
provided  that  due  public  notice  shall  have  been  given  of  the  proposed 
action. 


Trustees 
have  ex- 
clusive 
control  of 
property. 
May  lend 
deposit, 
etc. 


property 
responsi- 
bility and 
rights. 


Salaries 
and  terms 
of  office. 
Trustees 
not  to  be 
paid. 
Miscon- 
duct, inca- 
pacity or 
neglect  of 
duty. 


Previous 
notice. 


Only  de- 
grees and 
honors 
specified  in 
charter. 
Privileges. 


Restric 
tion. 


Library  de 
fined. 


How  es- 
tablished 


By  major 
ity  vote. 


25  taxpay- 
ers may  re- 
quire vote. 


UNIVERSITY    LAW  297 

§  37  Subsidies.     By  similar  vote  money  may  be   granted   toward  Hbrarh."'''''' 
the  support  of  libraries  not  owned  by  the  public  but  maintained  for  its  may  re- 
welfare  and  free  use;  provided,  that  such  libraries  shall   be   subject  tofvoL'J^r 
the  inspection  of  the  regents  and  registered  by  them  as  maintaining  a  cir^^ul^tjo^' 
proper  standard,  that  the  regents  shall  certify  what  number  of  the  books  regenfs.    ^ 
circulated  are  of  such  a  character  as  to  merit  a  grant  of  public  moneys  ^ 

and  that  the  amount  granted  yearly  to  libraries  on  the  basis  of  circula- 
tion shall  not  exceed  10  cents  for  each  volume  of  the  circulation  thus 
certified  by  the  regents. 

§38  Taxes.     Taxes,   in    addition    to    those   otherwise    authorized,  Tax  first 
may  be  voted  by  any  authority  named  in  §  36  and  for  any  purpose  speci-  annual  tiii° 
fied  in    §  36    and    37,    and  shall,    unless  otherwise  directed   by    such  fhang^jj^br 
vote,  be  considered  as  annual  appropriations   therefor   till  changed  by 
further  vote,  and  shall  be  levied  and  collected  yearly,  or  as  directed,  as 
are  other  general   taxes;  and  all  money   received  from  taxes  or  other  ^.^^^ 
general  sources  for  such  library  shall  be  kept  as  a  separate  library  fundmone^to 
and  expended  only  under  direction  of  the  library  trustees  on  properly  ^^p^P^^^ 
authenticated  vouchers. 

§  39  Trustees.      Such  libraries  shall   be  managed  by  trustees  who  Powers, 
shall  have  all  the  powers  of  trustees   of  other   educational   institutions 
of  the  University  as  defined   in  this  act;  provided,   unless    otherwise  Numbers, 
specified  in  the  charter,  that  the  number  of  trustees  shall  be  five;  that 
they  shall  be  elected  by  the  legal  voters,  except  that  in  cities  they  shall  Election  or 
be  appointed  by  the  mayor  with   the  consent  of  the  common  council,  ment"*^" 
from  citizens  of  recognized  fitness  for  such  position;  that  the  first  trus- 
tees determine  by  lot  whose  term  of  office  shall  expire  each  year  andT«-m^of 
that  a  new  trustee  shall  be  elected  or  appointed  annually  to  serve  for  years, 
five  years. 

§  40  Incorporation.  Within  one  month  after  taking  office,  the  c^^^r 
first  board  of  trustees  shall  apply  to  the  regents  for  a  charter  in  accord-  regTms. 
ance  with  the  vote  establishing  the  library. 

§41   Reports.     Every  library  or  museum  which  receives  state  aid  To  report 
or  enjoys  any  exemption  from  taxation   or  other  privilege  not   usually '° '"'^s^"'^- 
accorded  to  business  corporations  shall  make  the  report   required  hy  ^^^^^^ 
§  25  of  this  act,  and  such  report  shall  relieve  the  institution  from  making  fronroiher 
any  report  now  required  by  statute  or  charter  to  be  made  to  the  legis-  "-eports. 
lature,  or  to  any  department,  court  or  other  authority   of  the    state. 
These  reports  shall  be  summarized  and  transmitted  to  the  legislature  by  Repons  to 
the  regents  with  the  annual    reports    of    the    state   library    and    state  nfadzed. 
museum. 

§  42  Use.      Every  library  established  under  this  act  shall  be  forever  Ubrarj- 
free  to  the  inhabitants  of  the  locality  which  establishes  it,  subject  always  tfents?  '^^^~ 
to  rules  of  the  library  trustees,  who  shall  have  authority  to  exclude  any  Exclusion, 
person  who  wilfully   violates  such  rules;  and   the  trustees  J^i^y,  under  p^.^..,^^^^ 
such  conditions  as  they  think   expedient,  extend   the  privileges   of  the  to  non- 
library  to  i)ersons  living  outside  such  locality.  lesidems. 

§  43  Injuries  to  property.     Whoever  intentionally  injures,  defaces  imentionai 
or  destroys  any  projKMty  belonging  to  or  deposited  in  any  incorporated  •Jji^J,^'^ 
library,    reading-room,  museum,  or  other   educational   institution,  shall  prison  of- 
be  punished  by  imprisonment  in  a  state  prison  for  not  more  than  three  ^^"^^• 
years,  or  in  a  county  jail  for  not  more  than  one  year,  or  by  a  fine  of  not 
more  than  $500,  or  by  both  such  fine  and  imprisonment. 
38 


298 


UNIVERSITY    OF   THE    STATE    OF    NEW    VoRK 


by  6  mos. 
in  jail  or 
$25  fine. 


Transfer 
approved 
by  regents 
carries 
right  to 
receive 
money, 
books'  and 
other 
prop- 
erty. 


Right  to 
state 

grants  for- 
feited. 


Regents 
may  re- 
move neg- 
ligent trus- 
tees. 

Control  of 
property. 


Libraries 
in  Univer 
sity  may 
borrow. 


Traveling 
libraries. 

Instruction 
on  organ- 
izing and 
adminis- 
tering li- 
braries. 


By  library 
staffer 
commis- 
sion. 

Aid  free  to 
residents 
of  state. 


§  44  Detention.  Whoever  wilfully  detains  any  book,  newspaper, 
magazine,  pamphlet,  manuscript  or  other  property  belonging  to  any 
public  or  incorporated  library,  reading-room,  museum  or  other  educa- 
tional institution,  for  30  days  after  notice  in  writing  to  return  the  same, 
given  after  the  expiration  of  the  time  which  by  the  rules  of  such  insti- 
tution, such  article  or  other  property  may  be  kept,  shall  be  punished  by 
a  fine  of  not  less  than  one  nor  more  than  $25,  or  by  imprisonment  in 
the  jail  not  exceeding  six  months,  and  the  said  notice  shall  bear  on  its 
face  a  copy  of  this  section. 

§  45  Transfer  of  libraries.  Any  corporation,  association,  school 
district  or  combination  of  districts  may,  by  legal  vote  duly  approved 
by  the  regents,  transfer  the  ownership  and  control  of  its  library,  with 
all  its  appurtenances  to  any  public  library  in  the  University,  and  there- 
after said  public  library  shall  be  entitled  to  receive  any  money,  books 
or  other  property  from  the  state  or  other  sources,  to  which  said  corpo- 
ration, association  or  district  would  have  been  entitled  but  for  such 
transfer,  and  the  trustees  or  body  making  the  transfer  shall  thereafter 
be  relieved  of  all  responsibility  pertaining  to  property  thus  transferred. 

§  46  Local  neglect.  If  the  local  authorities  of  any  library  sup- 
ported wholly  or  in  part  by  state  money,  fail  to  provide  for  the  safety 
and  public  usefulness  of  its  books,  the  regents  shall  in  writing  notify 
the  trustees  of  said  library  what  is  necessary  to  meet  the  state's  require- 
ments, and  on  such  notice  all  its  rights  to  further  grants  of  money  or 
books  from  the  state  shall  be  suspended  until  the  regents  certify  that 
the  requirements  have  been  met;  and  if  said  trustees  shall  refuse  or 
neglect  to  comply  with  such  requirements  within  60  days  after  service 
of  such  notice,  the  regents  may  remove  them  from  office  and  thereafter 
all  books  and  other  library  property  wholly  or  in  part  paid  for  from 
state  money  shall  be  under  the  full  and  direct  control  of  the  regents 
who,  as  shall,- F-em  best  for  public  interests,  may  appoint  new  trustees 
to  carry  on  iw  -  library,  or  may  store  it  or  distribute  its  books  to  other 
libraries. 

§  47  Loans  of  books  from  state.  Under  such  rules  as  the  re- 
gents may  prescribe,  they  may  lend  from  the  state  library,  duplicate 
department,  or  from  books  specially  given  or  bought  for  this  purpose, 
selections  of  books  for  a  limited  time  to  any  public  library  in  this  state 
under  visitation  of  the  regents,  or  to  any  community  not  yet  having 
established  such  library,  but  which  has  conformed  to  the  conditions 
required  for  such  loan"^. 

§  48  Advice  and  i  sltuction  from  state  library  officers.  The 
trustees  or  librarian-'-''''^'*  ly  citizen  interested  in  any  public  library  in 
this  state  shall  be  S^"  "o  ask  from  the  officers  of  the  state  library 
any  needed  advice  fr  1..  .iiiction  as  to  a  library  building,  furniture  and 
equipment,  government  and  service,  rules  for  readers,  selecting,  buying, 
cataloguing,  shelving,  lending  books,  or  any  other  matter  pertaining  to 
the  establishment,  reorganization  or  administration  of  a  public  library. 
The  regents  may  provide  for  giving  such  advice  and  instruction  either 
personally  or  through  printed  matter  and  correspondence,  either  by  the 
state  library  staff  or  by  a  library  commission  of  competent  experts  ap- 
pointed by  the  regents  to  serve  without  salary.  The  regents  may,  on 
request,  select  or  buy  books,  or  furnish  instead  of  money  apportioned, 
or  may  make  exchanges  and  loans  through  the  duplicate  department  of 


UNIVERSITY    LAW 


299 


the  state  library.     Such  assistance  shall  be  free  to  residents  of  this  state 
as  far  as  practicable,  but  the  regents  may,  in  their  discretion,  charge  apeesfor 
proper  fee  to  non-residents  or  for  assistance  of  a  personal  nature  or  for  certain 
other  reason  not  properly  an  expense  to  the  state,    but  which  may  be '''^"' 
authorized  for  the  accommodation  of  users  of  the  library. 

§  49  Use  of  fees  and  fines.     The  regents  may  use  receipts  from  Receipts  to 
fees,  fines,  gifts  from  private  sources,  or  sale  of  regents'  bulletins  and  exp^'ifs'es."' 
similar  printed   matter,  for   buying  books  or  for  any  other  proper  ex- 
penses of  carrying  on  their  work. 

§50  Apportionment  of  public   library  money.     Such  sum  as  state  aid 
shall  have  been  ap[jropriated  by  the  legislature  as  public  library  money  bJ-arfeg''* 
shall  be    paid  annually  by    the  treasurer,   on  the  warrant  of  the  con- 
troller, from  the  income  of  the  United  States  deposit  fund,  according 
to  an  apportionment  to  be  made  for  the  benefit  of  free  libraries  by  the 
regents  in  accordance  with  their  rules  and  authenticated  by  their  seal  •Conditions, 
provided  that  none  of  tliis  money  shall  be  spent  for  books  except  those  Booi<sto 
approved  or  selected  and  furnished  by  the  regents;  that  no  locality  proved, 
shall  share  in   the  apportionment  unless  it   shall    raise  and  use  for  the  Equal 
same  purpose  not  less  than  an  equal  amount  from  taxation  or  other  j^'^|Jj"j"*  • 
local  sources;  that  for  any  part  of  the  apportionment  not  payable  di- sources, 
rectly  to  the  library  trustees  the  regents  shall   file  with   the  controller 
proper  vouchers  showing  that  it  has  been  spent  in  accordance  with  law 
exclusively  for  books  for  free  libraries  or  for  proper  expenses  incurred 
for  their  benefit  ;  and  that  books  paid  for  by  the  state  shall  be  subject  ^/grants 
to  return  to  the  regents  whenever  the  library  shall   neglect  or  refuse  to 
conform  to  the  ordinances  under  which  it  secured  them. 

§  5 1  Abolition.     Any  library  established    under    this  act   may  be  Abolish 
abolished  only  by  a  majority  vote  at  a  regular  annual  election,  ratified  ma'jority 
by  a  majority  vote  at  the  next  annual  election-     If  any  such  library  is  ^'o'^  at  two 
abolished  its  property  shall  be  used  first  to  return  to  the  regents,  for  the  elections, 
benefit  of  other  public  libraries  in   that  locality,  the  equ  it  of  such 

sums  as   it-  may  have   received   from  the  state  or  from  other  sources  as 
gifts  for  public  use.     After  such  return  any  remaining  property  may  be  P'^P°f'' 
used  as  directed  in  the  vote  abolishing  the  library  ;  but  if  the  entire  property, 
library  property  does  not  exceed  in  value  the  amount  of  such  gifts  it  may 
be  transferred  to  the  regents  for  public  use,  and  the  trustees  shall  there- 
upon  be  freed   from  further  responsibility.      No  abolition  of  a  public  cert^fica^ 
library  shall  be  lawful  till  the  regents  grant  a  certificate  that  its  assets  n'-'<-'*^ssary. 
have  been  properly  distributed  and  its  abolition   completed  in  accord- 
ance with  law. 

§52  Laws  repealed.     Of  the   laws    enun-       -d  in  the    schedule J^j^ej";®" 
hereto  annexed  that  j)ortion  specified  in  the  '  mn  is  repealed. 

§  S3  Saving  clause.     The  repeal  of  a  1:%  y  part  of  it  by  this  Repeal  not 

act  shall  not  affect  or  impair  any  act  done  or  right  accruing,  accrued  oract'ion?"^ 
acquired,  or  liability,  penalty,  forfeiture,  or  punishment   incurred  prior  "i°'i,ff^j?|_ 
to  such  repeal,  under  or  by  virtue  of  any  law  so  repealed,  but  the  same  biTities,  etc. 
may  be  asserted,  enforced,  prosecuted,  or  inflicted  as  fully  and  to  the 
same  extent  as  if  such  law  had  not  been  repealed  ;  and  all  actions  and 
proceedings,  civil  or  criminal,  commenced  under  or  by  virtue  of  the  laws 
so  repealed  and  pending  at  the  time  of  such  repeal,  may  be  prosecuted 
and  defended  to  final  effect  in  the  same  manner  as  they  might  under  the 
laws  then  existing,  unless  it  shall  be  otherwise  specially  provided  by  law. 


300 


UNIVERSITY   OF   THE   STATE   OF   NEW    YORK 


Continua-  §  ^^  CoHStruction.  The  provisions  of  this  act,  so  far  as  they  are 
new  enact-  substantially  the  same  as  those  of  the  laws  herein  repealed,  shall  be  con- 
ment.  strued  as  a  continuation  of  such  laws,  modified  or  amended  according  to 

the  language  employed  in  this  act,  and  not  as  new  enactments.  Repeals 
Revival,  jj^  tj^jg  act  shall  not  revive  any  law  repealed  by  any  law  hereby  repealed, 
but  shall  include  all  laws  amendatory  of  the  laws  hereby  repealed. 
References.  References  in  laws  not  repealed  to  provisions  of  law  incorporated  in 
this  chapter  and  repealed  shall  be  construed  as  applying  to  the  pro- 
visions so  incorporated.  ■  Nothing  in  this  act  shall  be  construed  to  re- 
peal any  provision  of  the  criminal  or  penal  code. 

§  55  To  take  effect.     This  act  shall  take  effect  immediately. 


Schedule  of  laws  repealed. 


Laws  of 
Rev.  laws  of  i 
Rev.  Stat.,  pt 
Rev.  Stat.,  pt 
Rev.  Stat.,  pt 
1815 
1818 


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OCT  15  1334 

mMi — D-  jyjO    > 

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LD  21-100rn-7,'33 

VO  !3I45 


